Training Compensation
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 15 February 2008,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Diallo (France), Member
Mohamed Mecherara (Algeria), Member
Carlos Soto (Chile), Member
Philippe Piat (France), Member
on the claim presented by the club,
X, XX
as ”Claimant”
against the club,
Y, YY
as “Respondent”
regarding a training compensation dispute related to the
transfer of the player Z.
./…
I.
Facts of the case
1.
According to the official confirmation from the Football Federation of XX, the
player Z, born on 20 May 1981, was registered with the XXian club, X (the
Claimant) as a Professional as from 26 February 1999 until December 2000 as well
as from 8 April 2002 until December 2003.
2.
In between, i.e. from 15 January 2001 until 3 January 2002, the player was,
according to the official confirmation received from the G Football Federation,
registered as a Professional with the G club, Ba….er SC.
3.
On 12 March 2007, the Claimant filed a claim with FIFA against the YY club, Y (the
Respondent), and requested the payment of training compensation in the amount
of EUR 100,000.
4.
According to the Claimant, the Football Federation of XX was contacted by the YY
Football Federation in 2004 with regard to the issuance of the International
Transfer Certificate (ITC) for the player Z. After it agreed on the transfer of the
player, the ITC of the player Z was issued to the YY Football Federation in 2004.
The Claimant further informed that it requested the Respondent on several
occasion to pay the outstanding training compensation. In particular, by means of
its correspondence dated 14 February 2007, it requested the YY club to pay
training compensation amounting to EUR 100,000 as well as interest of 15% as
from June 2004.
5.
After having been referred by FIFA to the possibility that its claim could be
prescribed in accordance with the relevant FIFA Regulations, the Claimant did not
agree with this informal letter.
6.
In particular, the Claimant was of the opinion that by contacting the Respondent
on several occasions, the period of prescription of its claim would be stopped.
Moreover, the Claimant confirmed that the facts at the basis of the dispute, i.e.
the transfer of the player, date from 2004.
7.
In addition to that, the Claimant maintains that before submitting a claim with
FIFA, all legal remedies should previously be exhausted.
Training Compensation for the player Z
(Club X., XX/ Club Y, YY)
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8.
After FIFA had again expressed its opinion on the claim in an informal letter, the
Claimant provided a copy of the players’ ITC that was apparently issued by the
Football Federation of XX to the YY Football Federation and which bears the date
of 7 February 2005.
9.
After having been invited to provide its position, the Respondent informed on 8
November 2007 that it concluded an employment contract with the player Z on 31
January 2005 and that, on 7 February 2005, the Football Federation of XX issued
the ITC of the player to the YY Football Federation.
10.
The Respondent emphasized that the Claimant is not entitled to received training
compensation since:
-the player was already 24 years of age at the time of signing the contract
with the Respondent and that therefore no training compensation is to be
paid in accordance with the applicable FIFA Regulations;
-subsidiary, more than two years have elapsed from the day that training
compensation was payable until the date the Claimant filed its claim with
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 12 March 2007. Consequently, the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(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 the
Claimant for the training and education of the player Z.
Training Compensation for the player Z
(Club X., XX/ Club Y, YY)
3
3.
Furthermore, and taking into consideration that the player was registered with his
new club in February 2005, 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) the 2001 edition of the Regulations for the Status and
Transfer of Players (hereinafter: Regulations) is applicable to the matter at hand as
to the substance.
4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter. The members
of the Chamber exposed that, as established in Chapter VII of the Regulations,
training compensation for a player’s training and education is payable by the new
club either when the player signs his first contract as a non-amateur or each time a
non-amateur player changes from one club to another up to the time his training
and education is complete, which, as a general rule, occurs when the player
reaches 23 years of age (cf. art. 14 and 15 of the Regulations).
5.
In this respect, the members of the Chamber started by acknowledging the
Claimant’s claim for training compensation based on the years it trained and
educated the player in question. To this end, the members of the Chamber took
note of the confirmation from the Football Federation of XX according to which
the player in question was registered with the Claimant as a non-amateur as from
26 February 1999 until December 2000 as well as from 8 April 2002 until December
2003.
6.
On the other hand, the deciding authority analyzed the Respondent’s objections
towards the claim submitted by the Claimant, which is, in particular that at the
time of the player’s move to the Respondent, he was already 24 years old which is
the reason why no training compensation is due according to the Regulations.
7.
In view of the above, the Chamber had at first to address the question if, as
alleged by the Respondent, the player Z, was over the age of 23 at the time of his
move to the Respondent.
8.
The Dispute Resolution Chamber then referred to art. 13 of the Regulations and
emphasized that, as a general rule, training compensation is payable up to the
player’s age of 23.
Training Compensation for the player Z
(Club X., XX/ Club Y, YY)
4
9.
In this respect, and in order to clarify the sense of the mentioned clause, the
Chamber referred to the point 2a. of the FIFA circular no. 769 dated 24 August
2001 which reads that “As a general rule training compensation is due whenever a
player, who is not yet 23….”(emphasis added).
10.
In this context, the Chamber held that it is undisputed and both parties agreed
that the player was transferred to the Respondent and that, on this occasion, the
player’s International Transfer Certificate was issued by the Football Federation of
XX to the YY Football Federation on 7 February 2005. It is therefore to be assumed
that the player in question was registered with the Respondent at the YY Football
Federation during the month of February 2005 at the earliest.
11.
In addition to that, the Chamber stated that, according to the official confirmation
received from the Football Federation of XX (player passport), the player Z was
born on 20 May 1981.
12.
In light of all the above, the Dispute Resolution Chamber reached the conclusion
that at the time of his move to the Respondent, the player Z was 23 ½ years old.
13.
Taking into account all of the above as well as the contents of art. 20 of the
Regulations for the Status and Transfer of Players (edition 2001), the Chamber
decided to reject the Claimant’s claim.
III.
Decision of the Dispute Resolution Chamber
1.
The claim lodged by the Claimant, X, is rejected.
2.
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
CH-1012 Lausanne /Switzerland
Training Compensation for the player Z
(Club X., XX/ Club Y, YY)
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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:
Markus Kattner
Deputy Secretary General
Encl.
CAS directives
Training Compensation for the player Z
(Club X., XX/ Club Y, YY)
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