Training Compensation
Texto da decisão
Decision of the
Single Judge of the sub-committee of the
Dispute Resolution Chamber (DRC)
passed on 6 December 2016,
by Theo van Seggelen (Netherlands),
Single Judge of the sub-committee of the DRC,
on the claim presented by the club,
Club A, Country B
as Claimant
against the club,
Club C, Country D
as Respondent
regarding training compensation in connection with the
Player E
I.
Facts of the case
1.
According to the player passport issued by the Football Federation of Country
B the player, Player E (hereinafter: the player), born on 29 May 1993, was
registered with its affiliated clubs as follows:
Club
Club A
(hereinafter:
Claimant)
Claimant
Club F
(on a loan basis)
Club G
(on a loan basis)
Club H
(on a loan basis)
From
2 June 2009
To
31 August 2009
Status
amateur
1 September 2009
31 December 2015
professional
14 July 2014
31 December 2014
Professional
8 January 2015
15 May 2015
professional
6 July 2015
31 December 2015
professional
2.
Moreover, according to the player passport, the football season in Country B
follows the calendar year.
3.
According to the information contained in the Transfer Matching System
(TMS), the player was registered with the Club of Country D, Club C
(hereinafter: the Respondent), as a professional, on 24 February 2016. The
International Transfer Certificate (ITC) of the player was delivered from the
Football Federation of Country B to the Football Federation of Country D on
24 February 2016, indicating the Claimant as the player’s former club.
4.
Also according to the information contained in the TMS, the Respondent
belonged to the category II within UEFA (indicative amount of EUR 60,000 per
year) during the season when the player was registered with it.
5.
On 10 October 2016, the Claimant lodged a claim against the Respondent in
front of FIFA claiming payment of training compensation from the Respondent
in connection with the transfer of the player to the Respondent. In particular,
the Claimant requested the amount of EUR 334,800 plus interest as of the due
date.
6.
In particular, the Claimant stated that the period of time that the player was
registered with the club of origin and the period of time that the player was
registered with a club on loan, should be considered as one entire timeframe
and requested training compensation for the period between 2 June 2009 and
31 December 2014.
Training compensation in connection with the Player E
(Club A, Country B / Club C, Country D)
2
7.
Moreover, the Claimant requested that the Respondent bear the costs of the
procedure.
8.
Even though invited to do so, the Respondent did not reply to the claim of the
Claimant.
II.
Considerations of the Single Judge of the sub-committee of the DRC
1.
First of all, the Single Judge of the sub-committee of the Dispute Resolution
Chamber (hereinafter: the Single Judge) analysed whether he was competent
to deal with the matter at hand. In this respect, he took note that the present
matter was submitted to FIFA on 10 October 2016. Consequently, the 2015
edition of the Rules Governing the Procedures of the Players’ Status Committee
and the Dispute Resolution Chamber (hereinafter: Procedural Rules) is
applicable to the matter at hand (cf. art. 21 of the Procedural Rules).
2.
Subsequently, the Single Judge referred to art. 3 of the Procedural Rules,
which states that the Dispute Resolution Chamber shall examine its jurisdiction
in light of arts 22 to 24 of the Regulations on the Status and Transfer of Players
(edition 2016). In accordance with art. 3 of Annexe 6 in conjunction with art.
24 par. 3 and art. 22 lit. d) of the Regulations on the Status and Transfer of
Players, the Single Judge is competent to decide on the present dispute
relating to training compensation between clubs belonging to different
associations handled through TMS.
3.
Furthermore, the Single 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 2016), and considering that the player was
registered with the Respondent on 24 February 2016, the 2015 edition of the
Regulations on the Status and Transfer of Players (hereinafter: Regulations) is
applicable to the matter at hand as to the substance.
4.
The competence of the Single Judge and the applicable regulations having
been established, the Single Judge entered into the substance of the matter. In
this respect, the Single Judge started by acknowledging all the abovementioned facts as well as the arguments and the documentation submitted
by the parties. However, the Single Judge emphasised that in the following
considerations he will refer only to the facts, arguments and documentary
evidence, which he considered pertinent for the assessment of the matter at
hand. In particular, the Single Judge recalled that in accordance with art. 6 par.
3 of Annexe 3 of the Regulations, FIFA may use, within the scope of
Training compensation in connection with the Player E
(Club A, Country B / Club C, Country D)
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proceedings pertaining to the application of the Regulations, any
documentation or evidence generated or contained in the Transfer Matching
System (TMS).
5.
The Single Judge took note that the Claimant maintained being entitled to
receive training compensation from the Respondent in the amount of EUR
334,800, plus interest, in connection with the transfer of the player to the
Respondent in February 2016.
6.
Furthermore, the Single Judge took into account that the Respondent failed to
present its response to the claim, in spite of having been invited to do so. In
this way, the Single Judge considered that the Respondent renounced its right
to defence and thus, accepted the allegations of the Claimant.
7.
As a consequence of the aforementioned consideration, the Single Judge
concurred that in accordance with art. 9 par. 3 of the Procedural Rules he shall
take a decision upon the basis of the documents already on file, in other
words, upon the statements and documents presented by the Claimant.
8.
Bearing in mind the previous considerations, the Single Judge referred to the
rules applicable to training compensation and stated that, as established in art.
20 of the Regulations as well as in art. 1 par. 1 of Annexe 4 in combination
with art. 2 par. 1 lit. ii. of Annexe 4 of the Regulations, training compensation
is payable, as a general rule, for training incurred between the ages of 12 and
21 when a player is transferred between two clubs of two different
associations before the end of the season of the player’s 23rd birthday.
9.
In addition, the Single Judge recalled that the player was registered as a
professional with the Respondent on 24 February 2016 and thus transferred to
the Respondent before the end of the season of his 23rd birthday.
10.
In continuation, the Single Judge took note that the player was registered
with the Claimant as from 2 June 2009 until 31 December 2015, during which
period of time he was also transferred on a loan basis to different Clubs of
Country B (cf. point I.1. above).
11.
In this context, the Single Judge made reference to the jurisprudence of the
Dispute Resolution Chamber, according to which, within the framework of
loans, the period of time that the player was registered with the club of origin
and the period of time that the player was registered with a club on loan
should be considered as one entire timeframe. Bearing this in mind as well as
art. 3 par. 1 sent. 3 of Annexe 4 of the Regulations, which stipulates that “In
the case of subsequent transfers of the professional, training compensation
Training compensation in connection with the Player E
(Club A, Country B / Club C, Country D)
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will only be owed to his former club for the time he was effectively trained by
that club”, the Single Judge concluded that the Claimant was the former club
of the player.
12.
On account of the above, the Single Judge concluded that the Claimant is
entitled to receive training compensation from the Respondent in view of the
subsequent transfer of the player from the Claimant to the Respondent.
13.
In this regard, bearing in mind that the player was transferred on a loan basis
from the Claimant to other clubs, the Single Judge highlighted that, although
the period of time that the player was registered with the club of origin and
the period of time that the player was registered with a club on loan should be
considered as one entire timeframe, the club which transferred the player on a
loan basis to another club is entitled to training compensation for the entire
period of time during which it effectively trained the player, however,
excluding the period of time of the loan(s).
14. Turning his attention to the calculation of training compensation, the Single
Judge referred to art. 5 par. 1 and par. 2 of the Annexe 4 of the Regulations,
which stipulate that as a general rule, it is necessary to take the costs that
would have been incurred by the new club as if it had trained the player itself
and thus it is calculated based on the training costs of the new club multiplied
by the number of years of training with the former club.
15.
In this respect, the Single Judge took note that, according to the player
passport issued by the Football Federation of Country B and considering the
period relevant for the purposes of training compensation, the player, born on
29 May 1993, was registered with the Claimant as from 2 June 2009 until 31
December 2014. Moreover, bearing in mind point II./13. above, the Single
Judge took into account that, during the aforementioned period, the player
was registered on a loan basis with the Club of Country B, Club F, from 14 July
2014 until 31 December 2014.
16.
Therefore, the Single Judge concluded that the Claimant is entitled to receive
training compensation for the period it effectively trained the player, i.e. from
2 June 2009 until 13 July 2014.
17. In continuation, the Single Judge took due note that according to the
information contained in the TMS, the Respondent belonged to category II
within UEFA during the season when the player was registered with it. In this
regard, the Single Judge further took into account that according to FIFA
circular no. 1484 dated 30 April 2015 the indicative amount within UEFA for
category II clubs is of EUR 60,000 per year.
Training compensation in connection with the Player E
(Club A, Country B / Club C, Country D)
5
18. Having said this, the Single Judge took into account that the player, born on 29
May 1993, was registered with the Claimant during 7 months of the season of
the player’s 16th birthday (EUR 35,000), during the complete seasons of the
player’s 17th, 18th, 19th and 20th birthdays (EUR 240,000) and during 6 months of
the season of the player’s 21st birthday (EUR 30,000).
19. Consequently and taking into account all the above-mentioned elements, the
Single Judge decided that the claim of the Claimant is partially accepted and
that the Respondent must pay to the Claimant training compensation in the
amount of EUR 305,000 in connection with the Player E.
20.
Moreover, taking into consideration the Claimant’s claim as well as art. 3 par. 2
of Annexe 4 of the Regulations, the Single Judge decided that the Respondent
has to pay, in conformity with the DRC’s longstanding practice, interest at 5%
p.a. over the amount payable as training compensation as of the 31st day of
registration of the player with the Respondent, i.e. as of 26 March 2016, until
the date of effective payment.
21.
Subsequently, the Single Judge decided that any further claim lodged by the
Claimant is rejected.
22.
Lastly, the Single Judge referred to art. 25 par. 2 of the Regulations in
combination with art. 18 par. 1 of the Procedural Rules, according to which, in
proceedings before the DRC relating to disputes regarding training
compensation, costs in the maximum amount of CHF 25,000 are levied. It is
further stipulated that the costs are to be borne in consideration of the
parties’ degree of success in the proceedings and that, in accordance with
Annex A of the Procedural Rules, the costs of the proceedings are to be levied
on the basis of the amount in dispute.
23.
In respect of the above, the Single Judge held that the amount to be taken
into consideration in the present proceedings is EUR 334,800 related to the
claim of the Claimant. Consequently, the Single Judge concluded that the
maximum amount of costs of the proceedings corresponds to CHF 25,000 (cf.
table in Annex A).
24.
As a result, taking into account that the claim of the Claimant has been
partially accepted and the fact that the Respondent failed to reply to the
claim, the Single Judge concluded that both the Claimant and the Respondent
have to bear a part of the costs of the present proceedings in front of FIFA.
Training compensation in connection with the Player E
(Club A, Country B / Club C, Country D)
6
25.
Considering the above, the Single Judge determined the costs of the current
proceedings to the amount of CHF 25,000, CHF 5,000 of which shall be borne
by the Claimant and CHF 20,000 of which shall be borne by the Respondent.
III.
Decision of the Single Judge of the sub-committee of the DRC
1.
The claim of the Claimant, Club A, is partially accepted.
2.
The Respondent, Club C, has to pay to the Claimant, within 30 days as from
the date of notification of this decision, the amount of EUR 305,000 plus 5%
interest p.a. as of 26 March 2016 until the date of effective payment.
3.
In the event that the aforementioned sum plus interest is not paid within the
stated time limit, the present matter shall be submitted, upon request, to
FIFA’s Disciplinary Committee for consideration and a formal decision.
4.
Any further claim lodged by the Claimant is rejected.
5.
The final costs of the proceedings in the amount of CHF 25,000 are to be paid
within 30 days as from the date of the notification of the present decision as
follows:
5.1.
CHF 20,000 by the Respondent to FIFA to the following bank account:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
5.2. CHF 5,000 by the Claimant to FIFA. Given that the Claimant has already
paid the amount of CHF 5,000 as advance of costs at the start of the
present proceedings, the Claimant does not have to pay an additional
amount as costs of the proceedings.
Training compensation in connection with the Player E
(Club A, Country B / Club C, Country D)
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6.
The Claimant is directed to inform the Respondent immediately and directly of
the account number to which the remittance under point 2. above is to be
made and to notify the Single Judge of the sub-committee of the DRC of every
payment received.
*****
Note relating to the motivated decision (legal remedy):
According to art. 58 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 Single Judge of the
sub-committee of the DRC:
Marco Villiger
Chief Legal & Integrity Officer
Encl. CAS Directives
Training compensation in connection with the Player E
(Club A, Country B / Club C, Country D)
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