Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 11 March 2011,
by Theo van Seggelen (Netherlands), DRC judge
on the claim presented by the club
E,
as Claimant
against the club
C,
as Respondent
regarding a training compensation dispute
related to the transfer of the player N
I.
Facts of the case
1.
The Football Federation P (FFP) confirmed that the player, N (hereinafter: the
player), born on 20 May 1988, was registered with its affiliated club, E
(hereinafter: the Claimant) as from 9 September 2005 until 20 August 2006 as an
amateur.
2.
Since the season 2000/2001, the sporting season in country P runs from 1 July until
30 June of the following year.
3.
The Football Federation P also confirmed that the Claimant belongs to category II
(indicative amount of EUR 60,000 per year within UEFA) during the season when
the player was registered with said club.
4.
The Football Federation R (FFR) confirmed that the player was registered with C
(hereinafter: the Respondent) on 25 August 2007 as a professional and that the
Respondent belonged to category III (indicative amount of EUR 30,000 per year
within UEFA) during that season.
5.
On 10 September 2008, the Claimant contacted FIFA asking for its proportion of
training compensation from the Respondent since the player allegedly signed his
first professional contract with the Respondent. In particular, the Claimant
requested the amount of EUR 45,000 plus 5% interest per annum as from the date
the payment should have been made.
6.
Despite having been invited to do so, the Respondent did not submit any response
to FIFA with regard to the claim of the Claimant.
*****
II.
Considerations of the DRC judge
1.
First of all, the DRC judge analysed whether he was competent to deal with the
case at hand. In this respect, he first referred to art. 21 par. 1 and 2 of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber (edition 2008). In this respect, he took note that the present
matter was submitted to FIFA on 10 September 2008. Consequently, the 2008
edition of the Rules Governing the Procedures of the Players Status Committee
and the Dispute Resolution Chamber (DRC; hereinafter: the Procedural Rules) is
applicable to the matter at hand (cf. art. 21 of the Procedural Rules).
2.
Subsequently, the DRC judge 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 2010), the DRC shall
adjudicate on disputes relating to training compensation between clubs belonging
to different associations, in casu between a player and a club.
3.
In particular, and in accordance with art. 24 par. 2. ii) of the Regulations on the
Status and Transfer of Players, the DRC judge confirmed that he may adjudicate in
the present dispute relating to the calculation of training compensation.
4.
Furthermore the judge analysed which edition of the Regulations on the Status
and Transfer of Players should be applicable as to the substance of the matter. In
this respect, the judge referred, on the one hand, to art. 26 par. 1 and 2 of the
Regulations on the Status and Transfer of Players (edition 2010) and, on the other
hand, to the fact that the present claim was lodged on 10 September 2008 and
that the player was registered with the Respondent on 25 August 2007. In view of
the aforementioned, the DRC judge concluded that the 2005 edition of the
Regulations for the Status and Transfer of Players (hereinafter: the Regulations) is
applicable to the matter at hand as to the substance.
5.
The competence of the DRC judge and the applicable regulations having been
established, the DRC judge entered into the substance of the matter. He started by
acknowledging the facts of the case, as well as the documentation contained in
the file.
6.
In this respect, the judge recalled that the player, born on 20 May 1988, was
registered as an amateur with the Claimant from 9 September 2005 until
20 August 2006.
7.
In continuation, the DRC judge duly noted that, on the one hand, the Claimant is
requesting training compensation for the training and education of the player
between 9 September 2005 and 20 August 2006, i.e. the seasons comprehended
between the player’s 18th and 19th birthday, in the amount of
EUR 45,000 plus 5% interest per annum since the date the payment should have
been made. On the other hand, the DRC judge took into account that the
Respondent never took position in the dispute, despite having been asked to do so
by FIFA. Thus, the Respondent renounced its right to defense and accepted the
allegations of the Claimant.
8.
In continuation, the judge stated that, as established in art. 1 par. 1 in
combination with art. 2 of Annex 4 of the Regulations, training compensation is
payable, as a general rule, for training incurred between the ages of 12 and 21
when a player is registered for the first time as a professional, or when a
professional is transferred between clubs of two different associations before the
end of the season of the player’s 23rd birthday.
9.
In view of the above, the DRC judge concluded that based on the documentation
at disposal it can be established that the player in question, born on 20 May 1988,
was registered as a professional with the Respondent in August 2007, i.e. before
the end of the season of his 23rd birthday, and thus, in general entitling the
Claimant to receive training compensation from the Respondent.
10.
On account of the foregoing, the DRC judge decided that the Claimant was
entitled to receive training compensation from the Respondent.
11.
As a result and considering the aforementioned points II. 6. and 8, as well as art. 3
par. 1 of Annex 4 of the Regulations, which stipulates that the amount payable is
calculated on a pro rata basis according to the period of training that the player
spent with each club, the DRC judge concluded that the effective period of time to
be considered in the matter at stake corresponds to the period comprehended
between 9 September 2005 and 20 August 2006.
12.
Turning his attention to the calculation of training compensation, the DRC judge
referred to art. 5 par. 1 and 2 of Annex 4 of the Regulations, which stipulates that
as a general rule, it is necessary to take the costs that would have been incurred by
the new club if it had trained the player itself and thus, it is calculated based on
the training costs of the new club multiplied by the number of years of training
with the former club.
13.
In this respect, the DRC judge took due note that according to the information
provided by the Football Federation R, the Respondent belonged to category III
during the season 2006/2007 (indicative amount within UEFA of EUR 30,000 per
year).
14.
Equally, the DRC judge referred to art. 6 of Annex 4 of the Regulations which
contains special provisions concerning the calculation of training compensation
regarding players moving from one association to another inside the territory of
the European Union (EU)/European Economic Area (EEA). In particular, the DRC
judge recalled that the FFP confirmed that the Claimant belongs to category II
(indicative amount within UEFA of EUR 60,000 per year) and stated that, in
accordance with art. 6 par. 1 b) of Annex 4 of the Regulations, the calculation of
training compensation shall be based on the training costs of the lower-category
club.
15.
Moreover, and with regard to the Claimant’s request to receive 5% interest, the
DRC judge emphasized that according to art. 3 par. 2 of Annex 4 of the
Regulations, the deadline for payment of training compensation is 30 days
following the registration of the professional with the new association.
16.
Consequently and taking into account all the above-mentioned elements, the DRC
judge decided that the Claimant is entitled to receive training compensation from
the Respondent in the amount of EUR 30,000, plus 5% interest per annum on the
said amount as from 25 September 2007 until the effective date of payment.
17.
In this respect, the DRC judge reiterated that the claim of the Claimant is partially
accepted.
*****
III.
Decision of the DRC judge
1.
The claim of the Claimant, E, is partially accepted.
2.
The Respondent, C, has to pay to the Claimant, E, the amount of EUR 30,000 plus
interest of 5% p.a. on the said amount as from 25 September 2007 until the date
of effective payment, within 30 days as from the date of notification of this
decision.
3.
If the aforementioned sum plus interest is not paid within the above-mentioned
deadline, the present matter shall be submitted, upon request, to FIFA’s
Disciplinary Committee for its consideration and a formal decision.
4.
The final amount of costs of the proceedings in the amount of CHF 6,000 is to be
paid by the Respondent, C, within 30 days of notification of the present decision
to FIFA to the following bank account with reference to case no.:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
5.
Any further claim filed by the Claimant is rejected.
6.
The Claimant, E, is directed to inform the Respondent, C, immediately and directly
of the account number to which the remittance is to be made and to notify the
Dispute Resolution Chamber judge of every payment received.
*****
Note relating to the motivated decision (legal remedy):
According to art. 63 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:
Court of Arbitration for Sport
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 DRC judge
________________________________
Jérôme Valcke
Secretary General
Encl.
CAS directives