Training Compensation
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 23 November 2005,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Diallo (France), Member
Mario Gallavotti (Italy), Member
Gerardo Movilla (Spain), Member
Michele Colucci (Italy), Member
on the claim presented by
the club, A,
as Claimant
against
the club P,
as Respondent
regarding training compensation in connection with the player M,
I.
Facts of the case
1.
The player was born on 11 July 1982.
2.
Mr. M was registered with the club B from the 1997-98 season until the 2003-04 season.
According to the I Football Federation, the player became a non-amateur player in the
1999-00 season.
3.
In the 2002-03 season, from 14 September 2002 until 30 June 2003, the player was
transferred on a loan basis from club B to club A.
4.
After the end of the loan period, the player returned to club B, with which club he was
still under contract according to the I Football Federation.
5.
In the 2003-04 season, more precisely, in October 2003, the player transferred from club
B to club P, after the termination by mutual consent of the employment contract
between club B and Mr. M on 29 August 2003.
6.
Club A maintains having trained and educated the player, M, in the sporting season
2002-03 when he was 20 years old.
7.
Club A claims that the termination of the contract between B and Mr. M does not
prejudice its right to training compensation.
8.
Furthermore, referring to the FIFA regulations (edition September 2001) and circular
letter 826 pertaining to subsequent transfers, club A points out that the player, M, was
registered with the Claimant in the 2002-03 season and in the following season he was
registered with the Respondent. Therefore, club A must be considered the “previous
training club of the player”.
9.
Consequently, A claims payment of training compensation from P for the 2002-03 season
to the amount of EUR 45,000.
10. This amount was calculated by the club as follows: the claimant is a category 3 club, the
respondent is a category 2 club. The related indicative amounts are EUR 30,000 and EUR
60,000 per year, respectively. The transfer having taken place within the EU area, the
amount of training compensation is the average of the training costs for the two
categories: EUR 45,000.
11. In addition to this amount, the club claims payment of interest.
12. The I Football Federation has confirmed that club A was a category 3 club during the
2002/03 season.
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13. The S Football Association has confirmed, without prejudice to its club’s position, that
club P was a category 3 club during the 2002/03 season.
14. The club P, for its part, maintains that no training compensation is due to A, as
according to the player passport the player’s last registration in I appears to have been
with club B, who do not claim or wish compensation for this player.
15. It stresses that it had no knowledge of any involvement of club A and that it was
advised that the player was free to sign on with the club without any conditions.
16. On 22 November 2005, the FIFA administration received further submissions from club P
via the S Football Association after the notification by the FIFA administration of the
fact that the present matter would be presented to the DRC at its meeting of 23
November 2005.
II.
Considerations of the Dispute Resolution Chamber
1.
The present dispute having been lodged in front of the Dispute Resolution Chamber
(hereinafter referred to as “DRC” or “Chamber”) prior to the coming into force of the
current Regulations for the Status and Transfer of Players on 1 July 2005, the members
of the DRC firstly proceeded to confirm that the September 2001 edition of the FIFA
Regulations for the Status and Transfers of Players (hereinafter referred to as the
“Regulations”) applies to the case at hand.
2.
As established in art. 42 §1 (b) (iv) of the Regulations, it falls within the purview of the
Dispute Resolution Chamber to decide on disputes concerning the compensation for the
training and education of young players and to adjust training compensation fees.
3.
Once its competence was thus established, the DRC went on to deal with the substance of
the case.
4.
First of all, the Chamber agreed that the submissions presented by the Respondent in its fax
dated 22 November 2005, i.e. one day prior to the hearing of the DRC, could not be taken
into account, since the administrative proceedings had already been closed and, moreover,
the claimant could not be informed of the relevant submissions in a timely manner.
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5.
The Chamber took into account that the player, M, was registered and under written
contract with the club, B, when he transferred on a loan basis to the Claimant for the
duration of about one season, i.e. from 14 September 2002 until 30 June 2003.
6.
After the end of the relevant loan period, the player in question duly returned to club B,
with which club he was still contractually bound. In August 2003, the player and his club,
B, terminated their employment relation by mutual consent.
7.
Club A claims that it is entitled to receive compensation for the training and education of
the player in question for the period of time that he was registered with the club, i.e. from
14 September 2002 until 30 June 2003.
8.
The Respondent, club P, however, categorically denies that any training compensation
would be due to club A in the light of the fact that the player was last registered with
club B, which club did not claim or wish to receive any training compensation.
9.
In addition, the club P asserts that it had no knowledge of any involvement of club A.
10. The Chamber first turned to the preliminary question as to whether clubs that accepted
a player on a loan basis are entitled to receive compensation for the training and
education of young players in accordance with Chapter VII of the Regulations and
Chapter III of the Regulations governing the Application of the said Regulations
(hereinafter referred to as the “Application Regulations”) as well as FIFA circular letter
no. 826 dated 31 October 2002.
11. Article 13 stipulates that “Training compensation shall be payable, as a general rule, up
to the age of 23 for training incurred up to the age of 21, unless it is evident that a
player has already terminated his training period before the age of 21. In the latter case,
…, the calculation of the amount of compensation shall be based on the years between
12 and the age when it is established that the player actually completed his training”.
12. According to article 15 of the Regulations, “Compensation shall be paid each time a
player changes from one club to another up to the time his training and education is
complete, which, as a general rule, occurs when the player reaches 23 years of age.”.
13. According to the jurisprudence established by the DRC, a club is only entitled to receive
training compensation for the period of time during which a player has in actual fact
been trained by the club claiming payment of such compensation. Therefore, the claim
for training compensation put forward by the club that had transferred the player on a
loan basis to another club was dismissed with respect to the period of time that the
player in question was registered on a loan basis with another club.
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14. The claim for training compensation dealt with in the present matter, however, was put
forward by a club that accepted the player on a loan basis.
15. The Chamber agreed that the nature of a player’s registration, i.e. on a definite or on a
temporary basis, with a club claiming training compensation is in fact irrelevant with
respect to the question as to whether such claimant club would be entitled to receive
training compensation for the period of time that the player was effectively trained by
that club.
16. The Chamber concluded that the relevant and above-mentioned provisions of the
Regulations pertaining to training compensation basically also apply to clubs that
accepted a player on a loan basis provided that the player in question has in actual fact
been trained by that club.
17. As stated above, the player in question transferred to club A on a loan basis at the age
of 20, where he was registered from 14 September 2002 until 30 June 2003.
18. In the case at hand, article 13 has not been invoked by the Respondent.
19. The P club, however, does contest that club A would be entitled to receive training
compensation, in the light of the fact that the player was last registered with B.
According to club P, club B did not claim or wish to receive any training compensation.
20. In this respect, the Chamber took into account that should the player’s last training club
waive any right to training compensation, such waiver would be without prejudice to
the right to training compensation of the other clubs that were involved in the training
of the player until the age of 21. For the sake of good order, the Chamber pointed out
that the same goes for last training clubs that do not offer the player a contract (see
article 5.5 of the Application Regulations).
21. Consequently, the Chamber concluded that the argument presented by the P club
cannot be considered valid.
22. On account of the above considerations, the Chamber concluded that club A is entitled
to receive training compensation from club P in accordance with Chapter VII of the
Regulations and Chapter III of the Regulations governing the Application of the said
Regulations as well as FIFA circular letter no. 826 dated 31 October 2002.
23. It can be established that the player, M, has been trained and educated by the club A
during the season of the player’s 20th birthday.
24. In addition, at the time of the player’s move to the P club, both the Claimant and the
Respondent clubs were category 3 clubs.
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25. The amount due by the P club has to be calculated in accordance with the parameters
provided by circular letter 826 dated 31 October 2002, i.e. with an amount
corresponding to EUR 30,000 per year of training (corresponding to club category 3 of
the European football confederation).
26. Consequently, taking into account the above-mentioned elements, club A is entitled to
receive training compensation from P club to the amount of EUR 30,000.
27. On the aforementioned amount, and given that the payment of training compensation
was due by 17 November 2003, i.e. 30 days after the player’s new registration (cf. article
9 of the Application Regulations), a default interest payment of 5% p.a. as from 18
November 2003 until the day of the payment shall apply.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, club A, is partially accepted.
2.
The Respondent, club P, has to pay the amount of EUR 30,000 the Claimant.
3.
The Respondent has to pay default interest at the rate of 5% p.a. on the amount of
EUR 30,000 as from 18 November 2003 until the day of the execution of the present
decision.
4.
The amount due to the Claimant has to be paid by the Respondent within 30 days as
from the date of notification of this decision.
5.
If the sum of EUR 30,000 and/or the default interest are not paid within the
aforementioned deadline, the present matter shall be submitted to the FIFA
Disciplinary Committee, so that the necessary disciplinary sanctions may be imposed.
6.
The Claimant is directed to inform the Respondent immediately of the account
number to which the remittance is to be made and to notify the Dispute Resolution
Chamber of every payment received.
7.
According to art. 60 par. 1 of the FIFA Statutes, this decision may be appealed against
before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent
to the CAS directly within 10 days of receipt of notification of this decision and shall
contain all the elements in accordance with point 2 of the directives issued by the
CAS, a copy of which we enclose hereto. Within another 10 days following the expiry
of the time limit for filing the statement of appeal, the appellant shall file a brief
stating the facts and legal arguments giving rise to the appeal with the CAS (cf. point
4 of the directives).
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The full address and contact numbers of the CAS are the following:
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the Dispute Resolution Chamber:
Urs Linsi
General Secretary
Enclosed: CAS directives
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