Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 2 November 2005,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Jean-Marie Philips (Belgium), member
Ivan Gazidis (USA), member
Mick McGuire (England), member
Philippe Piat (France), member
on the claim presented by
the club, P
as Claimant
against
the club, Y
as Respondent
regarding a training compensation dispute
in connection with the transfer of the player A.
Facts of the case
1.
The player A was born on 10 January 1982 and was registered with the club P,
Claimant, for the 2002/2003 and 2003/2004 seasons, that is, for two sporting
seasons between the ages of 20 and 22 years.
2.
A new employment contract was concluded between the player and the club Y,
Respondent, at the beginning of the 2004/2005 season.
3.
The Football Federation of P confirmed on 4 April 2005 the date of birth of the
player as well as the contractual relation between the player A and the Claimant.
4.
On 12 October 2004, the club P lodged a formal complaint via the Football
Federation with the FIFA administration for the payment of the training
compensation for the player A, in accordance with the provisions contained in
Chapter VII of the Regulations for the Status and Transfer of Players (edition
September 2001).
5.
On 10 March 2005, FIFA administration invited the Respondent to pay the training
compensation amount that is due to the Claimant by 25 March 2005 at the very
latest. No reply was received. On 4 April 2005 the FIFA administration informed
the Respondent that, as no statements have been forthcoming from its side, the
present case will be submitted to the Dispute Resolution Chamber. This letter also
remained unanswered by the Respondent.
6.
As far as the categorisation of clubs is concerned, as provided for in the circular
letter 826 (dated 31 October 2002), the training club, i.e. the claimant club, is in
category 2.
7.
On 24 October 2005, the FIFA administration informed the parties involved that
the case at hand will be submitted to the Dispute Resolution Chamber of the FIFA
Players’ Status Committee for a formal decision in the occasion of its next meeting,
on 2 November 2005.
8.
One day before the announced meeting of the Dispute Resolution Chamber, the
Respondent provided the FIFA administration with a fax dated 1 November 2005
asking for the postponing of the decision of the case. The Respondent explains
that it did not hear nothing further on this case since the fax dated 10 March 2005
of the FIFA Administration, and therefore, had not been able to present its
position.
9.
The FIFA administration ascertained then that the above-mentioned faxes dated
10 March and 4 April 2005 were successfully transmitted to the Respondent’s
Football Association on 10 March 2005, respectively on 4 April 2005.
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Considerations of the Dispute Resolution Chamber
1.
The Dispute Resolution Chamber started its deliberations by indicating that the
matter at stake was submitted to FIFA before 1 July 2005. Therefore, and in
accordance with Article 26 Para. 1 of the revised Regulations for the Status and
Transfer of Players (edition 2005) and the circular no. 995 dated 23 September
2005, the Chamber stated that not the revised Regulations, but the previous
Regulations for the Status and Transfer of Players (edition 2001, hereinafter
referred to as; the Regulations) do apply on the matter at hand.
2.
The Dispute Resolution Chamber then asserted that the matter at stake concerns a
dispute regarding the training compensation resulting from an international
player transfer.
3.
The Dispute Resolution Chamber of the FIFA Players’ Status Committee shall
review disputes coming under its jurisdiction pursuant to Art. 42 of the
Regulations at the request of one of the parties to the dispute. According to Art.
42.1(b)(iv) of the Regulations, the Dispute Resolution Chamber of the FIFA Players’
Status Committee shall review disputes concerning training compensation fees. As
a result, the Dispute Resolution Chamber is the competent body to decide on the
present litigation concerning the training compensation claimed by the club P.
4.
On account of the above, the Dispute Resolution Chamber concluded that it is
competent to decide upon the matter at hand.
5.
Entering into the substance of the matter, the Chamber acknowledged the
documentation contained in the file and took note of the fact that the player
involved had signed with the Claimant an employment contract valid for the two
sporting seasons 2002/2003 and 2003/2004 between the ages of 20 and 22 years
and that afterwards he had signed a non-amateur contract with the Respondent.
Moreover, the members of the Chamber noticed that in accordance with circular
letter 826 (dated 31 October 2002) the claimant club, is in category 2 for training
compensation. And finally, the Chamber took note of the fact that the
Respondent had not issued its position in the matter in due time, despite having
been asked to do so by the FIFA administration on several occasions.
6.
In continuation, the Chamber then stated that as a general principle of procedure
before the Dispute Resolution Chamber, if a Respondent does not reply to the
claim in due time, the case shall be decided by the Dispute Resolution Chamber
only on the basis of the facts and proof provided by the Claimant, since with its
conduct, the Respondent renounces to its right of defence and thus accepts the
allegations of the Claimant.
7.
Furthermore, the allegations of the Respondent, according to which it was not
informed about the ongoing procedure, have proven to be unfounded, since the
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relevant correspondence was successfully transmitted to the Respondent on 10
March and 4 April 2005.
8.
On account of the above, the Chamber stated that because the Respondent did
not take position in the dispute until receiving the letter dated 24 October 2005 of
the FIFA administration, by means of which it informed the parties involved that
the present case will be submitted to the Dispute Resolution Chamber on its
meeting on 2 November 2005, and therefore, not in due time, the Dispute
Resolution Chamber has to pass a decision based only on the facts and evidence
provided by the Claimant.
9.
In this regard, the Chamber underlined that the Claimant is claiming training
compensation for the two sporting seasons 2002/2003 and 2003/2004 between the
ages of 20 and 22 years of the player.
10.
As the player did not transfer within the EU/EEA area, the members of the Dispute
Resolution Chamber considered that in the present case art. 7 par. 3 of the FIFA
Regulations governing the Application of the Regulations applies, which stipulates
that the compensation for training shall be based on the training and education
costs of the country in which the new club is located. As above-mentioned the
category of the training, respectively the claimant club is category 2. Category 2 in
Europe where the new, respectively the respondent club is located corresponds in
accordance with the aforementioned circular letter 826 to the yearly
compensation amount of EUR 60,000.
11.
In continuation, the Chamber referred to art. 7 par. 1 of the FIFA Regulations
governing the Application of the Regulation, which stipulates that the
compensation for training and education shall be obtained by multiplying the
amount corresponding to the category of the training club for which the player
was registered by the number of years of training from 12 to 21. As a result, the
Chamber concluded that in the present case the Claimant is entitled to receive the
yearly training compensation amount of EUR 60,000 for the season 2002/2003,
that is between the ages of 20 to 21 years of the player involved.
12.
In conclusion to the above, the Dispute Resolution Chamber decided that the
Respondent has to pay the amount of EUR 60,000 to the Claimant.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant is accepted.
2.
The Respondent has to pay the amount of EUR 60,000 to the Claimant.
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3.
The amount due to the Claimant has to be paid by the Respondent within the
next 30 days as from the date of notification of this decision.
4.
In the event that the debt of the Respondent is not paid within the stated
deadline, an interest rate of 5% per year will apply as of expiry of the
aforementioned deadline.
5.
If the sum of EUR 60,000 is 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).
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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