Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 30 November 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Mario Gallavotti (Italy), member
Zola Malvern Percival Majavu (South Africa), member
Michele Colucci (Italy), member
Rinaldo Martorelli (Brazil), member
on the claim presented by the club
Club A, X
as Claimant
against the club,
Club B, Y
as Respondent
regarding a training compensation dispute related to the
transfer of the player C.
./…
I.
Facts of the case
1.
The player C (hereinafter: the player) was born on 6 April 1985.
2.
According to the written confirmation submitted by the X Football Federation
(XFF), the player was loaned by the X club Z to the X club A (hereinafter: the
Claimant) for the period from 4 September 2004 to 30 June 2005. The player
was registered as a professional with both X clubs. On 1 July 2005, the player’s
employment contract with club Z was terminated.
3.
According to a confirmation of the XFF, the X 2004-05 football season began
on 1 July and finished on 30 June.
4.
The player signed an employment contract with the Y club B (hereinafter: the
Respondent) in the summer of 2005.
5.
The Y Football Federation (YFF) confirmed that the player was registered as a
professional player with the Respondent on 27 July 2005.
6.
The YFF also confirmed that the Respondent was a category 2 club for the
2005-06 season.
7.
On 11 December 2006, the Claimant contacted FIFA to claim training
compensation amounting to USD 30,000 from the Respondent for the training
and education of the player, given the fact that the Respondent was a
category 2 club. The Claimant also requested interest payments from the date
that the player signed for the Respondent.
8.
Although they have twice been requested to do so, the Respondent still has
not submitted a statement on the claim lodged against it.
9.
The Dispute Resolution Chamber is hereby requested to decide whether the
Claimant is entitled to training compensation, and if so, to calculate the
relevant amount.
Training Compensation for the player C
(Club A, X / Club B, Y)
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II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analysed whether it was
competent to deal with the matter at stake. In this respect, it referred to art.
18 par. 2 and 3 of the Rules Governing the Procedures of the Players’ Status
Committee and the Dispute Resolution Chamber. The present matter was
submitted to FIFA on 11 December 2006, as a consequence the Chamber
concluded that the Rules Governing Procedures (edition 2005) on matters
pending before the decision making bodies of FIFA are applicable to the
matter at hand.
2.
With regard to the competence of the Chamber, art. 3 par. 1 of the abovementioned Rules states that the Dispute Resolution Chamber shall examine its
jurisdiction in light of articles 22 to 24 of the 2005 version of the Regulations
for the Status and Transfer of Players. In accordance with art. 24 par. 1 in
combination with art. 22 (d) of the aforementioned Regulations, the Dispute
Resolution Chamber shall adjudicate on disputes between two clubs belonging
to different associations related to training compensation.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to
decide on the present litigation concerning the training compensation claimed
by the Claimant for the training and education of the player.
4.
Subsequently, the members of the Chamber analysed which edition of the
Regulations for the Status and Transfer of Players should be applicable as to
the substance of the matter. In this respect, the Chamber referred to art. 26
par. 1 and 2 of the Regulations for the Status and Transfer of Players (edition
2005) as well as FIFA circular no. 995 dated 23 September 2005. Furthermore, it
acknowledged that the player had been registered with the Respondent on 27
July 2005. Equally the Chamber took note that the claim was lodged at FIFA on
11 December 2006. In view of the aforementioned, the Chamber concluded
that the 2005 edition of the FIFA Regulations for the Status and Transfer of
Players (hereinafter: the Regulations) is applicable to the case at hand as to the
substance.
5.
In continuation, and entering into the substance of the matter, the members
of the Chamber started by acknowledging the facts of the case as well as the
documentation contained in the file.
6.
First of all, the Chamber noted that the Claimant claims training compensation
amounting to USD 30,000 from the Respondent for the training and education
Training Compensation for the player C
(Club A, X / Club B, Y)
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of the player, based on the transfer of the player from X to the Respondent
and given the fact that the Respondent was a category 2 club. Furthermore,
the Chamber took note that the Claimant also requested interest payments
from the date that the player signed for the Respondent.
7.
Moreover, the Chamber pointed out that the Respondent, despite having been
solicited to do so several times, never presented its position to the claim
lodged against it by the Claimant.
8.
In this respect, the Chamber stated that, as a general principle of procedure
before the Dispute Resolution Chamber, if a Respondent does not reply to the
claim, a decision shall be taken upon the basis of the documents on file (cf. art.
9 par. 3 of the Rules Governing the Procedures of the Players’ Status
Committee and the Dispute Resolution Chamber). Furthermore, by failing to
respond to the claim, the Respondent renounces its right of defence and thus
accepts the allegations of the Claimant.
9.
On account of the above, the Chamber stated that it has to pass a decision
based only on the facts and evidences provided by the Claimant and the
associations concerned.
10.
Continuing, the Chamber stated that, as established in art. 1 par. 1 of Annex 4
in combination with art. 2 of Annex 4 of the Regulations, training
compensation is payable, as a general rule, for training incurred between the
ages of 12 and 21 when the player concerned is transferred between clubs of
two different associations before the end of the season of the player’s 23rd
birthday.
11.
On account of the above, the Chamber decided that the Claimant is entitled to
receive compensation from the Respondent for the training and education of
the player, born on 6 April 1985, during the 2004-05 season.
12.
In this respect, the Chamber took note that the FIGC confirmed that the player
was registered with the Claimant for the period from 4 September 2004 to 30
June 2005 as a professional player. The Chamber also considered that the FIGC
had provided the information that the X 2004-05 football season began on 1
July and finished on 30 June.
13.
Equally, the Chamber noted that the YFF confirmed that the Respondent was a
category 2 club for the 2005-06 season. Moreover, the Chamber took into
account that the indicative training costs for a category 2 club and member of
Training Compensation for the player C
(Club A, X / Club B, Y)
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a national association affiliated to the Confédération Africaine de Football
(CAF) amount to USD 30’000 per season (cf. FIFA circular nr. 959 dated 16
March 2005).
14.
On account of the aforementioned details as well as art. 5 of Annex 4 of the
Regulations, the Chamber decided that the training compensation that the
Respondent is liable to pay to the Claimant amounts to USD 25’000.
15.
In continuation, the Chamber acknowledged that the Claimant also claimed
interest payments from the date that the player signed for the Respondent.
16.
To this regard, the Chamber pointed out that according to art. 3 par. 1 and 2
of Annex 4 of the Regulations the new club shall pay training compensation
within 30 days following the registration of the player with the new
association. The YFF had confirmed that the player was registered with the
Respondent on 27 July 2005. Consequently, the Chamber decided that the
Respondent has to pay to the Claimant interest of 5% per annum over the
amount due as of the 31st day of the registration of the player with the
Respondent, i.e. as of 27 August 2005.
III.
Decision of the Dispute Resolution Chamber
1.
The claim lodged by the Claimant, Club A, is partially accepted.
2.
The Respondent, Club B, is ordered to pay training compensation in the
amount of USD 25’000, plus interest at the rate of 5% p.a. applicable as from 27
August 2005 to the Claimant within 30 days as from the date of notification of
the present decision.
3.
If the aforementioned sum plus interest are not paid within the aforementioned deadline the present matter shall be submitted to FIFA’s
Disciplinary Committee for its consideration and decision.
4.
Any further claim of the Claimant is rejected.
5.
The Claimant is directed to inform the Respondent directly and immediately of
the account number to which the remittance is to be made and to notify the
Dispute Resolution Chamber of every payment received.
Training Compensation for the player C
(Club A, X / Club B, Y)
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6.
The Claimant is instructed to inform the Respondent directly and immediately
of the account number to which the remittance is to be made and to notify
the Dispute Resolution Chamber of any payment received.
7.
According to art. 61 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 21 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:
Court of Arbitration for Sport
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:
__________________________________
Markus Kattner
Deputy General Secretary
Enclosed: CAS directives
Training Compensation for the player C
(Club A, X / Club B, Y)
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