Training Compensation
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 4 February 2005,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Mario Gallavotti (Italy), member
Maurice Watkins (England), member
Philippe Piat (France), member
Michele Colucci (Italy), member
on the claim presented by
the club, V, Germany,
as Claimant
against
the club Y, Turkey,
as Respondent
regarding training compensation in connection with the player Z,
Facts of the case
−
−
−
−
−
−
−
−
The player was born on 30 July 1983.
According to the registers of the Berliner Fussball Verband, Z was registered as an amateur player
with V from 30.07.1998 until 09.07.2000.
This club belongs to category 4.
On 29 June 2003, the DFB issued an IRTC on behalf of the Turkish Football Association for the
player in question.
The player was registered with Y as a non-amateur player.
Y is a category 3 club.
The German club claims payment of an amount of money relating to training compensation and it
authorised the German Football Federation in writing to receive and distribute the amount.
In spite of FIFA’s invitation to do so, Y has not presented any response to the claim lodged by the
German club.
Considerations of the Dispute Resolution Chamber
As established in art. 42 §1 (b) (iv) of the FIFA Regulations for the Status and Transfer of Players, it
falls within the purview of the Dispute Resolution Chamber to decide on disputes concerning the
compensation for the training and education of young players and to adjust training compensation
fees.
In the light of the above-mentioned facts, it is undisputed that the German club V is entitled to receive
training compensation in accordance with Chapter VII of the FIFA Regulations for the Status and
Transfer of Players and Chapter III of the Regulations governing the Application of the Regulations for
the Status and Transfer of Players as well as FIFA circular letter no. 826 dated 31 October 2002.
Training compensation is payable by the new club with which a player has signed a contract for
training and education that he received from the age of 12 up to 21, payable until he reaches the age
of 23. Furthermore, in the event of a first payment (as mentioned in par. 2 (a) of article 5 of the
Regulations governing the Application of the Regulations for the Status and Transfer of Players) the
amount to be paid is for the benefit of every club which has contributed to the training of the player in
question, starting from the age of 12 (cf. article 5 of the aforementioned Application Regulations and
the said circular letter no. 826).
It can be established that the player, Z, has been trained and developed by the German club V during
2 sportive seasons, from the 1998-99 season up to and including the 1999-00 season at the age of 15
up to and including 16.
Furthermore, the amount due by the Turkish club Y has to be calculated in accordance with the
parameters provided by circular letter 826 dated 31 October 2002, i.e. with an amount corresponding
to EUR 10,000 per year of training (corresponding to the club category 4 of the German club
involved).
2
Therefore, V being a 4th category club, the amount of training compensation is obtained by
multiplying the amount corresponding to the category of the training club for which the player was
registered by the number of years of training from 12 to 21 (cf. art. 7.1 of the Application
Regulations) based on the costs of 4th category clubs in Turkey.
Consequently, V is entitled to receive training compensation to the amount of EUR 20,000 (2 years x
EUR 10,000).
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, V, is accepted.
2.
The Respondent, Y, has to pay the amount of EUR 20,000 the Claimant.
3.
The amount due to the Claimant has to be paid by the Respondent within 30 days as from the
date of notification of this decision.
4.
If the sum of EUR 20,000 is not paid within the aforementioned deadline, the present matter
shall be submitted to the FIFA Disciplinary Committee, so that the necessary disciplinary
sanctions may be imposed.
5.
According to art. 60 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 10 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 l’Elysée 28
1006 Lausanne
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:
Urs Linsi
General Secretary
Enclosed: CAS directives
3
4