Official Documents
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,
X,
represented by Mr. A, legal counsel
as “Claimant”
against the club,
Y,
represented by Mr. B, attorney at law
as “Respondent”
regarding training compensation in connection with the player Z.
I.
Facts of the case
1.
The player, Z, was born on 1 August 1984.
2.
According to the player passport issued by and the explanations received from the
Football Association of X, the player was registered as an amateur player as follows:
a. X as from 1 October 1992 until 31 July 2004;
b. V as from 11 August 2004 until the player’s transfer to Y in July 2006.
3.
Furthermore, the Football Association of X confirmed that its sporting season runs from
1 August until 1 July.
4.
The Football Federation of Y has confirmed that the player, Z, was registered with Y on
3 August 2006.
5.
In accordance with a written confirmation dated 22 December 2006 from the Football
Federation of Y, Y has been allocated club category 2.
6.
On 7 May 2007, X lodged a claim for training compensation against Y in front of FIFA
maintaining that the player signed his first professional contract with Y and that
according to art. 20 and annex 4 of the Regulations for the Status and Transfer of
Players (hereinafter: Regulations) it is entitled to receive from Y training compensation
in the total amount of EUR … (EUR … for the 1996-97 to 1999-00 seasons [seasons of
player’s 12th, 13th, 14th and 15th birthday] + EUR .. for the 2000-01 to 2003-04 seasons).
7.
In addition, X claims payment of 5% interest p.a. as of the 31st day of the registration
of the player.
8.
In response to the claim, Y maintains that prior to signing the player it had asked the
Football Association of X to indicate the amount to be paid to the player’s former clubs
as training compensation, which request had remained unanswered.
9.
Furthermore, it points out that the club encounters serious financial problems and that
the player has signed on with Y for a guaranteed remuneration of EUR … per season
and EUR … / 34 matches if he plays, which the club considers conditions almost similar
to those of an amateur player.
10.
Although the club is aware that the country of Y is no EU member state, it also refers
to art. 6 par. 3 of Annex 4 of the Regulations and points out that the player’s former
club has not offered an employment contract to the player. Y feels that clubs
established in the country of Y are weaker in comparison with EU member countries
since the country of Y has no category 1 club and that excluding non-EU member
countries from this mentioned provision would lead to unfair decisions/situations.
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11.
Y presented, inter alia, a copy of a written and signed declaration of the player’s
former club, V, dated 20 July 2006 renouncing its right to training compensation and
solidarity mechanism.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the 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 7 May 2007, as a consequence the Chamber
concluded that the Rules Governing the Procedures of the Players' Status Committee
and the Dispute Resolution Chamber (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 above-mentioned
Rules states that the Dispute Resolution Chamber shall examine its jurisdiction in the
light of articles 22 to 24 of the Regulations for the Status and Transfer of Players
(edition 2005). 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 training compensation claimed by the Claimant for
the training and education of the player Z.
4.
Subsequently, the members of the Chamber analyzed 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) and FIFA circular no. 995 dated 23
September 2005. Furthermore, it acknowledged that the player, Z, had been registered
as a professional for Y on 3 August 2006. Equally, the Chamber took note that the
claim was lodged at FIFA on 7 May 2007. In view of the aforementioned, the Chamber
concluded that the FIFA Regulations for the Status and Transfer of Players (edition
2005, hereinafter: the Regulations) are 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 that Y and the player in question signed an
employment contract in summer 2006. Taking into consideration the club’s position
with respect to the status of the player, Z, the Chamber firstly turned its attention to
the relevant employment contract, in particular, the remuneration contained therein.
In this respect, in the case at hand the Chamber confirmed that with a guaranteed
income of EUR … per season, regardless of other remuneration that the player
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apparently is entitled to on the basis of the said employment contract, the player
clearly must be considered a professional in accordance with art. 2 par. 2 of the
Regulations.
6.
Furthermore, taking into account the player’s career history it can be noted that the
employment contract signed by and between Mr. Z and Y is the player’s first
professional contract.
7.
Subsequently, the Chamber pointed out that according to art. 20 and art. 3 of Annex 4
of the Regulations training compensation shall be paid to a player’s training club(s)
that has (have) contributed to the player’s training starting from the season in which
he had his 12th birthday when a player signs his first contract as a professional.
8.
Furthermore, the members of the Chamber took into account that X, on the one hand,
claims being entitled to the amount of EUR … as training compensation payable by Y.
Y, for its part, points out that prior to signing the player it had asked the Football
Association of X to indicate the amount to be paid to the player’s former clubs as
training compensation, which request had remained unanswered. In addition, Y
highlights that the exclusion of clubs established in non-EU member states from art. 6
par. 3 of Annex 4 of the Regulations puts such clubs, i.e. clubs established in the
country of Y, in a weaker or unfair position compared to those clubs established in EU
member states. Furthermore, the player’s previous club, V (country of X) had waived its
right to training compensation in accordance with the relevant document presented by
Y.
9.
Turning its attention to the arguments put forward by Y, the Chamber deemed it
important to emphasise that the player, Z, was registered as an amateur with both the
Claimant, X, and his former club, V. In accordance with art. 3 par. 1 of Annex 4 of the
Regulations and as stated above, when a player is registering as a professional for the
first time, training compensation is payable to every club for which the player was
registered and that has contributed to his training starting from the season in which he
had his 12th birthday. In the present case, V, the player’s former club, appears to have
waived inter alia its right to training compensation. The Chamber concurred that V’s
waiver cannot and does not affect any entitlement of X to training compensation in
accordance with the Regulations.
10.
Furthermore, considering that the player was registered with the Claimant, X, as an
amateur and then moved to his former club, V, while keeping his amateur status
before he first signed on as a professional with the Respondent, Y, the Chamber
underlined that art. 6 par. 3 of Annex 4 of the Regulations anyhow would not have
been applicable to the present case. Consequently, the Chamber agreed that the
Respondent’s argument in this connection must be considered irrelevant.
11.
Taking into consideration the above, the Chamber had to reject the arguments put
forward by Y.
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12.
On account of all of the above, the Chamber came to the conclusion that in accordance
with art. 20 and art. 2 and art. 3 of Annex 4 of the Regulations X is entitled to receive
training compensation from Y for the training of the player, Z, starting from the season
in which the player had his 12th birthday.
13.
The Chamber then turned to art. 5 paras. 1 and 2 of Annex 4 of the Regulations as well
as FIFA circular nr. 1031 dated 4 April 2006 which provide details on the calculation of
training compensation.
14.
The members of the Chamber recalled that the player was born on 1 August 1984 and
that he was registered with X as from 1 October 1992 until 31 July 2004 according to
the player passport issued by the Football Association of X. In this respect, the Chamber
pointed out that the amount payable is calculated on a pro rata basis according to the
period of training that the player spent with the Claimant. Furthermore, Y has been
allocated club category 2, which equals training costs in the amount of EUR 60,000 per
season (UEFA). The Chamber also recalled that in accordance with art. 5 par. 3 of Annex
4 of the Regulations, training costs for players for the seasons between their 12th and
15th birthday shall be based on the training and education costs for category 4 clubs,
i.e. EUR 10,000 per season in the case at hand.
15.
Consequently, taking into account the above-mentioned elements, X is entitled to
receive training compensation from Y to the amount of EUR ...
16.
Therefore, the Chamber decided that Y is liable to pay to X training compensation
amounting to EUR ….
17.
Moreover, taking into consideration X’s claim, as well as art. 3 par. 2 of Annex 4 of the
Regulations, the Chamber decided that Y has to pay interest at 5% p.a. over the
amount due as training compensation as of the 31st day of the registration of the
player, Z, with Y, i.e. as of 3 September 2006, until the date of effective payment.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, X, is accepted.
2.
The Respondent, Y, has to pay to the Claimant the amount of EUR … plus interest at
5% p.a. as of 3 September 2006 until the date of effective payment within 30 days as
from the date of notification of this decision.
3.
If the amount due is not paid by Y within the aforementioned time limit, the matter
shall be submitted to the FIFA Disciplinary Committee for its consideration and
decision.
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4.
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.
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
For the Dispute Resolution Chamber:
Jérôme Valcke
Secretary General
Enclosed: CAS directives
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