Training Compensation
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 10 January 2008,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Theo van Seggelen (Netherlands), member
Joaquim Evangelista (Portugal), member
Ivan Gazidis (USA), member
Reinhard Rauball (Germany), member
on the claim presented by
the club, Y, YYY,
represented by Mr ABC, attorney at law
as Claimant
against
the club, Z, ZZZ,
as Respondent
regarding a training compensation dispute related
to the transfer of the player OPQ, Senegal.
I.
Facts of the case
1.
The Football Federation of YYYl confirmed that the player OPQ, born on 12
February 1984, was registered with Y from 12 February 2002 until 1 February 2006
as an amateur.
2.
On 28 November 2006, Y contacted FIFA and lodged a claim for training
compensation against Z. Y asserted that, by the end of January 2006, the player
OPQ was transferred to Z with which he signed his first professional contract. In
this respect, Y submitted an agreement between Z and the player, referring to a
professional contract nr. 04-111/1 dated 22 February 2006 between the said parties
valid from 31 January 2006 until 30 June 2009.
3.
Y also provided FIFA with a copy of the international transfer certificate (ITC)
request dated 30 January 2006 which the Football Federation of ZZZ apparently
submitted to the Football Federation of YYY in view of the issuance of the ITC for
the player in question.
4.
On account of the foregoing, Y claims training compensation for the training and
education of the relevant player in the amount of EUR 90,000.
5.
Z never responded to the Senegalese club’s complaint, also after several reminders
from FIFA.
6.
According to the Football Federation of ZZZ, its affiliated club Z belongs to
category 3.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analysed whether it was competent to
deal with the case at hand. In this respect, it took note that the present matter
was submitted to FIFA on 28 November 2006. Consequently, the Rules Governing
the Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber, edition 2005 (hereinafter: Procedural Rules) are applicable to the matter
at hand (cf. art. 18 par. 2 and 3 of the Procedural Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and confirmed that in accordance with art. 24 par. 1 and art. 22
lit. (d) of the Regulations on the Status and Transfer of Players (edition 2008) the
Dispute Resolution Chamber is competent to decide on the present litigation with
Training Compensation for the player OPQ
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an international dimension concerning the training compensation claimed by Y
for the training and education of the player OPQ.
3.
Furthermore, and taking into consideration that the player was apparently and
uncontestedly transferred to his new club in the beginning of 2006, the Chamber
analysed which regulations should be applicable as to the substance of the matter.
In this respect, it confirmed that in accordance with art. 26 par. 1 and 2 of the
Regulations on the Status and Transfer of Players (edition 2008), and considering
that the present claim was lodged on 28 November 2006, the previous version of
the regulations (edition 2005; hereinafter: Regulations) is applicable to the matter
at hand as to the substance.
4.
In continuation, and entering into the substance of the matter, the members of
the Chamber started by acknowledging that the player OPQ was registered for the
club Y from 12 February 2002 until 1 February 2006 as an amateur. Furthermore,
the Dispute Resolution Chamber acknowledged that, according to the allegations
and the documentation presented by Y, the relevant player and the Z signed a
professional contract nr. 04-111/1 dated 22 February 2006 and the relevant ITC was
requested by the Football Federation of ZZZ on 30 January 2006 in order to
proceed with the registration of the player as a professional.
5.
In this respect, as the Football Federation of ZZZ had neither contested the
documentation presented by Z related to the relevant player’s registration with Z
nor responded to FIFA’s explicit requests for information in this regard, the
members of the Chamber concluded that they had to assume that the statements
of Y related to the registration of the player OPQ with the Football Federation of
ZZZ for its affiliate Z were accurate.
6.
On account of the above, the members of the Chamber referred to the contents of
art. 20 of the Regulations as well as art. 1 and art. 2 of Annex 4 of the Regulations,
according to which, in principle, compensation for the training of a player
between the ages of 12 and 21 is due when a player is registered for the first time
as a professional and, afterwards, when a professional is transferred between
clubs of two different associations before the end of the Season of his 23rd
birthday.
7.
In this context, the Chamber recalled that the player OPQ had been trained by Y
from 12 February 2002 until 1 February 2006 and that he had been transferred
from said club to Z and been registered with the Football Federation of ZZZ as a
professional. Consequently, the Dispute Resolution Chamber acknowledged that
the conditions for the payment of training compensation were in principle
fulfilled.
Training Compensation for the player OPQ
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8.
Subsequently, the Chamber pointed out that, despite having been invited
repeatedly by FIFA to present its position, Z had failed to provide FIFA with any
comments whatsoever regarding Y’s complaint. This behaviour led the members
of the Dispute Resolution Chamber to conclude that Z renounced its right to
defence and accepted Y’s claim for the payment of training compensation for the
training and education of the player OPQ. Furthermore, on account of art. 9 par. 3
of the Procedural Rules, the Chamber concurred that it shall take a decision upon
the basis of the documents on file.
9.
Taking into account the above, the Chamber decided that Y is entitled to receive
training compensation from Z for the player OPQ.
10.
Having established the above, and turning its attention to the determination of
the amount due to Y, the Dispute Resolution Chamber referred to art. 5 par. 2 of
Annex 4 of the Regulations, according to which, the first time a player is
registered as a professional, the compensation for training and education shall be
obtained by multiplying the training costs of the player’s new club by the number
of years of training from the season of the player’s 12th birthday to the season of
his 21st birthday.
11.
In continuation, the Dispute Resolution Chamber ascertained that, according to
the Football Federation of ZZZ, Z is a category 3 club. Furthermore, the Chamber
established that the corresponding indicative amount in accordance with the FIFA
circular letter no. 959 dated 16 March 2005 is EUR 30,000. On account of the
foregoing, and taking into account the period of time the player OPQ was trained
by Y, as well as the Claimant’s claim, the Dispute Resolution Chamber closed its
deliberations on the present matter by establishing that the claim of Y is accepted
and that, consequently, Z is liable to pay training compensation in the amount of
EUR 90,000 to the claimant club.
III.
Decision of the Dispute Resolution Chamber
1.
The claim lodged by the Claimant, Y, is accepted.
2.
The Respondent, Z, shall pay the amount of EUR 90,000 to the Claimant, Y, within
30 days following the date of notification of the present decision.
3.
In the event that the above-mentioned amount is not paid within the indicated
deadline, an interest rate of 5% per annum will apply as of the expiry of the said
time limit and the present matter shall be submitted to FIFA’s Disciplinary
Committee for its consideration and decision.
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4.
The Claimant, Y, is instructed to inform the Respondent, Z, 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.
5.
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:
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
On behalf of the
Dispute Resolution Chamber:
Jérôme Valcke
Secretary General
Encl. CAS directives
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