Training Compensation
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 28 March 2008,
in the following composition:
Slim Aloulou (Tunisia), President
Mick McGuire (England), member
Mario Gallavotti (Italy), member
Rinaldo Martorelli (Brazil), member
Essa M. Saleh Al-Housani (U.A.E.), member
on the claim presented by the club
X, xxxxx
represented by xxxxxx
as Claimant
against the club
Y, xxxxxx
as Respondent
regarding a dispute for training compensation
for the player A.
I.
Facts of the case
1.
According to the Football Association of xxx the player A, born on 15 January
1983, was registered with the club X, the Claimant, as from 1 September 2003 until
2 December 2003 (20), as from 16 January 2004 until 20 July 2004 (21), as from 1
December 2004 until 1 September 2005 (21-22). The said player was loaned twice
in 2003 and 2004 to another club.
2.
On 6 September 2005, the player was transferred to the club Y, the Respondent.
3.
On 21 December 2006, the Claimant contacted FIFA claiming training
compensation amounting to EUR 120,000 plus 5% default interest as from the
player’s registration with the Respondent.
4.
On 12 February 2007, the Respondent provided FIFA with the following statement:
“By this fax Whe Give you to Know that, xxxxx, Lic 855181, by the regulations
concern, resolution protocol between xxx and the xxxx resoluted in 2006/02/03
becoming a free player”.
5.
FIFA contacted the Respondent several times through the Football Federation of
xxxx asking for a clearer and substantiated position, however, without receiving
any answer.
6.
The Football Federation of xxxx informed FIFA that the said player had signed an
employment contract with the Respondent on 1 August 2005, which was
prematurely terminated by the player in February 2006. Equally, the Football
Federation of xxxx explained that its affiliated its currently not participating in any
competitions and is included in the category 4.
7.
Regarding the categorisation of clubs, the Respondent belonged to category 3 in
the season 2005/2006 (within the UEFA the indicative amount is EUR 30,000 per
year).
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 21 December 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).
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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 A.
3.
Furthermore, and taking into consideration that the player was registered with his
new club in September 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), and considering that the present claim was lodged on 21
December 2006, the previous version of the regulations (edition 2005; 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 started by acknowledging the facts of the case as well as the
documentation contained in the file.
5.
In this respect, the Chamber took note of the fact that the player, born on 15
January 1983, was registered with the Claimant as from 1 September 2003 until 2
December 2003 (20), as from 16 January 2004 until 20 July 2004 (21), as from 1
December 2004 until 1 September 2005 (21-22).
6.
The Chamber duly noted that, on the one hand, the Claimant is requesting
training compensation for the training and education of the player concerned
from the Respondent in the amount of EUR 120,000 plus 5% default interest. On
the other hand, the Chamber took into account that the Respondent provided an
unclear statement when asked by FIFA to take position in the present dispute and
thereafter omitted to provide any further statement and/or clarification, although,
having been asked to so by FIFA.
7.
Yet, the Chamber acknowledged that the Football Federation of xxxx confirmed
that the player in question had signed an employment contract with the
Respondent on 1 August 2005, which was prematurely terminated by the player in
February 2006.
8.
Continuing, the Chamber stated that, as established in art. 1 par. 1 of Annexe 4 in
combination with art. 2 of Annexe 4 of the Regulations, training compensation is
payable, as a general rule, for training incurred between the ages of 12 and 21
when the player concerned is registered for the first time as a Professional, or
when a Professional is transferred between two clubs of two different
Associations, before the end of the season of the player’s 23 birthday.
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9.
In view of the above, the Chamber concluded that based on the documents at
disposal it can be established that the professional player in question, born on 15
January 1983, was transferred to the Respondent in September 2005, i.e. before
the end of the season of the player’s 23 birthday and thus irrespective whether the
player and the Respondent had prematurely terminated their employment
contract in February 2006, the Claimant is entitled to receive training
compensation from the Respondent.
10.
As a result, and considering the above points II. 6 and 8 as well as art. 3 par. 1 of
the Annexe 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 Chamber concluded that the effective period of time to
be considered at the matter at stake corresponds to 10 months, season 2003 the
months of September until November and season 2004 the months of February
until July and December.
11.
Turning its attention to the calculation of training compensation, the Chamber
referred to art. 5 par. 1 and 2 of the Annexe 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.
12.
In this respect, the Chamber took due note that according to the information at
disposal the Respondent belonged to category 3 in the season 2005/2006
(indicative amount within UEFA EUR 30,000 per year).
13.
Equally, the Chamber emphasized that according to art. 3 par. 2 of the Annexe 4
of the Regulations, the deadline for payment of training compensation is 30 days
following the registration of the professional with the new association.
14.
In view of all of the above, the Chamber concluded that the Claimant is entitled to
receive training compensation from the Respondent in the amount of EUR 25,000
plus interest of 5% p.a. as from 6 October 2005 until the effective date of
payment.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant is partially accepted.
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2.
The Respondent has to pay the amount of EUR 25,000 within 30 days as from the
date of notification of this decision plus interest of 5% p.a. as from 6 October 2005
until the effective date of payment.
3.
If the aforementioned sum is not paid within the aforementioned deadline the
present matter shall be submitted upon the parties request to FIFA’s Disciplinary
Committee so that the necessary disciplinary sanctions may be imposed.
4.
Any further claims lodged by the Claimant are rejected.
5.
The Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittance is to be made and to notify the Dispute
Resolution Chamber of every payment received.
6.
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:
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 Dispute Resolution Chamber:
Markus Kattner
Deputy Secretary General
Encl.
CAS directives
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