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 (Germay), member
on the claim presented by
the club, Y, YYY,
represented by Mr BB, 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, YYY.
I.
Facts of the case
1.
The Football Federation of YYY confirmed that the player OPQ, born on 13 June
1988, was registered with Y from 29 December 2003 until 1 February 2006 as an
amateur.
2.
As confirmed by the Football Federation of ZZZ, on 2 March 2006 the
aforementioned player was registered with Z as a professional.
3.
According to the Football Federation of ZZZ, its affiliated club Z belongs to
category 3.
4.
On 28 November 2006, Y approached FIFA and claimed training compensation in
the amount of EUR 60,000 for the training and education of the player OPQ.
5.
Z never responded to the claim submitted by Y, also after various reminders from
FIFA.
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
an international dimension concerning the training compensation claimed by Y
for the training and education of the player OPQ.
Training Compensation for the player OPQ
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3.
Furthermore, and taking into consideration that the player was registered with his
new club in on 2 March 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 29 December 2003 to 1 February 2006 as an amateur. Furthermore,
the Dispute Resolution Chamber took due note that subsequently, on 2 March
2006, the relevant player was registered as a professional player for Y.
5.
In this respect, 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.
6.
With reference to the above, the Chamber pointed out that the player OPQ, born
on 13 June 1988, had been trained by Y from 29 December 2003 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.
7.
In this context, the Chamber recalled 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. 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.
Training Compensation for the player OPQ
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8.
Taking into account the above, the Chamber decided that Y is entitled to receive
training compensation from Z for the player OPQ.
9.
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.
10.
Subsequently, 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 set out under point I.1. above, 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 60,000 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 60,000 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.
Training Compensation for the player OPQ
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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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