Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 7 December 2011,
by Theo van Seggelen (The Netherlands), DRC judge,
on the claim presented by the club,
X,
as Claimant
against the club,
T,
as Respondent
regarding a training compensation dispute related to
the transfer of the player D
I.
Facts of the case
1.
The Football Association of G (FAG) confirmed that, the player, D, (hereinafter: the
player), born on 11 July 1988, was registered with its affiliated club, X (hereinafter:
the Claimant), as from 1 July 2009 until 30 June 2011, as a professional.
2.
The football season in country G runs as from 1 July until 30 June of the following
year.
3.
On 7 September 2011, the player was registered with the Football Federation of T
(FFT) for its affiliated club, Z (hereinafter: the Respondent), as a professional.
4.
The Football Federation of T confirmed that the Respondent belonged to a
category II club, when the player was registered with it.
5.
On 14 September 2011, the Claimant contacted FIFA asking for its relevant
proportion of training compensation from the Respondent. In particular, the
Claimant is requesting training compensation for the season 2009/2010, in the
amount of EUR 60,000, plus interest of 5% p.a. as from 13 August 2011 as well as
procedural costs.
6.
In its reply, the Respondent stated that the Claimant is not entitled to receive
training compensation. In particular, the Respondent argued that according to the
FIFA Regulations on the Status and Transfer of Players, training compensation
“shall be payable until the end of the season of the players’ 21 birthday for
training incurred up to the age of 21”. Equally, the Respondent held that the
season in country G started in August 2009 and that, therefore, the player
“completed the age of 21 before the commencement of the football season
2009/2010”.
II.
Considerations of the DRC judge
1.
First of all, the DRC judge analysed whether he was competent to deal with the
case at hand. In this respect, he took note that the present matter was submitted
to FIFA on 14 September 2011. Consequently, the 2008 edition of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber (hereinafter: the Procedural Rules) is applicable to the matter
at hand (cf. art. 21 par. 2 and par. 3 of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 of the Procedural Rules and
confirmed that in accordance with art. 24 par. 1 and par. 2 lit. ii. in conjunction
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with art. 22 lit. d) of the Regulations on the Status and Transfer of Players (edition
2010) the DRC judge is competent to deal with the matter at stake relating to
training compensation between clubs belonging to different associations.
3.
Furthermore, and taking into consideration that the player was registered with
the Respondent on 7 September 2011, the DRC judge analysed which regulations
should be applicable as to the substance of the matter. In this respect, he
confirmed that in accordance with art. 26 par. 1 and par. 2 of the Regulations on
the Status and Transfer of Players (edition 2010) and considering that the present
claim was lodged on 14 September 2011, the 2010 edition of the said Regulations
(hereinafter: the Regulations) is applicable to the present matter as to the
substance.
4.
In continuation, and entering into the substance of the matter, the DRC judge
started by acknowledging the facts of the case as well as the documentation
contained in the file.
5.
First of all, the DRC judge recalled that the player was born on 11 July 1988 and
was registered with the Claimant as from 1 July 2009 until 30 June 2011 as
professional.
6.
Furthermore, the DRC Judge took note of the confirmation received by the
Football Association of G (FAG) by means of which it confirmed that the season in
country G, during the period of registration of the player with the Claimant, ran
from 1 July until 30 June of the following year.
7.
Equally, the DRC judge acknowledged that the player was registered by the
Football Federation of T (FFT) as a professional on 7 September 2011, and that the
Respondent belongs to the category II.
8.
Moreover, the DRC judge duly noted, on the one hand, that the Claimant claimed
the amount of EUR 60,000 as training compensation from the Respondent for
having trained the player for the season 2009/2010 as well as 5% interest as from
13 August 2011 and procedural costs.
9.
On the other hand, the DRC judge also took due note that the Respondent
requested to reject the claim since it held that training compensation “shall be
payable until the end of the season of the player’s 21 birthday for training
incurred up to the age of 21” and that the season in country G started in august
2009 and that therefore the player “completed the age of 21 before the
commencement of the football season 2009/2010”.
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10.
Having recalled these facts, the DRC judge referred to the rules applicable to
training compensation and stated that, as established in art. 20 of the Regulations
in combination with art. 1 par. 1 and art. 2 of Annexe 4 to the Regulations,
training compensation is payable, as a general rule, for training incurred between
the ages of 12 and 21 when a professional is transferred between two clubs of
two different associations, before the end of the season of the player’s 23rd
birthday.
11.
Moreover, the DRC judge also recalled that in accordance with art. 3 par. 1 of
Annexe 4 of the Regulations, the new club, with which the player is registered, is
responsible to pay training compensation.
12.
The DRC judge, therefore, turned its attention to the question whether training
compensation is due or not in this case.
13.
In order to establish this, the DRC judge took again into consideration that the
player was registered by the Football Federation of F on 7 September 2011.
14.
With regard to the question whether the transfer occurred before the end of the
season of the player’s 23rd birthday, the DRC judge established that the season of
the 23rd birthday of the player was the season 2011/2012. Since the registration of
the player with the Respondent took place on 7 September 2011, the DRC judge
confirmed that said registration clearly happened before the end of the season of
the player’s 23rd birthday.
15.
In view of the above, the DRC judge concluded that, based on the documents at
its disposal, it could be established that the professional player in question, born
on 11 July 1988, was internationally transferred before the end of the season of
his 23rd birthday, and that, thus, the Claimant was, in principle, entitled to receive
training compensation.
16.
In this context, as a side-note, the DRC judge recalled that the Claimant did not
claim training compensation for the whole period during which the player was
registered with it, but only training compensation until the end of the season of
the player’s 21st birthday.
17.
Subsequently, and considering once again art. 3 par. 1 of the Annexe 4 to the
Regulations, which stipulates that the amount payable is calculated on a pro rata
basis according to the period of training that the player spent with each club, the
DRC judge concluded that the effective period of time to be considered in the
matter at stake corresponds to 12 months (the months of July 2009 until June
2010), during which the player was effectively trained and educated by the
Respondent.
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18.
Turning its attention to the calculation of training compensation, the DRC judge
referred to art. 5 par. 1 and 2 of Annexe 4 to the Regulations, which stipulates
that, as a general rule, it is necessary to take the costs that would have been
incurred by the new club if it had trained the player itself, and that it is thus
calculated based on the training costs of the new club multiplied by the number
of years of training with the former club.
19.
In this respect, the DRC judge duly noted that, according to all the documents
remitted, it could be established that the player had been transferred to the
Respondent in September 2011 which, according to the information received from
the Football Federation of F, belonged to category II in the season 2011/2012.
20.
In view of the above, the DRC judge concluded that the Claimant is entitled to
receive training compensation for the training and education of the player
concerned for the period of time from 1 July 2009 until 30 June 2010, during the
season of the player’s 21st birthday, i.e. for 12 months, for an indicative amount of
EUR 60,000 per year.
21.
As a result, the DRC judge, taking into consideration all the above, as well as art. 5
par. 1 and 2 of Annexe 4 of the Regulations, concluded that the Claimant is
entitled to receive the amount of EUR 60,000 from the Respondent for the
training and education of the player concerned.
22.
In view of all of the above, the DRC judge decided that the claim of the
Claimant is partially accepted and, in this regard, reiterated that the
Respondent must pay the amount of EUR 60,000 to the Claimant.
23.
Moreover, taking into consideration the Claimant’s claim as well as art. 3 par. 2 of
Annexe 4 of the Regulations, the DRC judge decided that the Respondent has to
pay, in conformity with its longstanding practice, interest at 5% p.a. over the
amount payable as training compensation as of the 31st day of the registration of
the player with the Respondent, i.e. as of 8 October 2011, until the date of
effective payment.
24.
Lastly, the DRC judge referred to art. 25 par. 2 of the Regulations in conjunction
with art. 18 par. 1 of the Procedural Rules, according to which, in proceedings
before the DRC relating to disputes regarding training compensation and the
solidarity mechanism, costs in the maximum amount of CHF 25’000 are levied. The
relevant provision further states that the costs are to be borne in consideration of
the parties’ degree of success in the proceedings and that, in accordance with
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Annexe A of the Procedural Rules, the costs of the proceedings are to be levied on
the basis of the amount in dispute.
25.
In respect of the above, the DRC judge held that the amount to be taken into
consideration in the present proceedings is EUR 60,000 related to the claim of the
Claimant. Consequently, the DRC judge concluded that the maximum amount of
costs of the proceedings corresponds to CHF 10,000 (cf. table in Annexe A).
26.
As a result, and taking into account that the claimant is the successful party in the
proceeding, the DRC Judge concluded that the Respondent has to bear the costs
of the current proceedings in front of FIFA.
27.
Considering that the case at hand did not compose any complex factual or legal
issues, the DRC judge determined the costs of the current proceedings to the
amount of CHF 5,000.
28.
In view of all the above, the DRC judge decided that the Respondent is liable to
pay the amount of EUR 60,000 plus 5% interest p.a. as of 8 October 2011 until the
date of effective payment to the Claimant for the training and education of the
player as well as the amount of CHF 5,000 as procedural costs.
29.
Finally, the DRC judge concluded its deliberations by deciding that any further
claim of the Claimant is rejected.
*****
III.
Decision of the DRC judge
1.
The claim of the Claimant, Club X, is partially accepted.
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2.
The Respondent, Club T, has to pay to the Claimant, Club X, the amount of EUR
60,000, plus 5% interest p.a. as of 8 October 2011 until the date of effective
payment, within 30 days as of notification of the present decision.
3.
If the aforementioned sum plus interest is not paid within the aforementioned
deadline, the present matter shall be submitted, upon request, to FIFA’s
Disciplinary Committee, for consideration and a formal decision.
4.
The final amount of costs of the proceedings in the amount of CHF 5,000 is to be
paid by the Respondent, Club T, within 30 days of notification of the present
decision as follows:
4.1.
The amount of CHF 3,000 to FIFA to the following bank account with
reference to case no.:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
4.2.
The amount of CHF 2,000 to the Claimant, X.
5.
Any further claims lodged by the Claimant, X, are rejected.
6.
The Claimant, X, is directed to inform the Respondent, T, immediately and directly
of the account number to which the remittances are to be made and to notify the
DRC judge of every payment received.
*****
Note relating to the motivated decision (legal remedy):
According to art. 63 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
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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 DRC judge:
Jérôme Valcke
Secretary General
Enclosed: CAS directives
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