Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 6 May 2010,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Rinaldo Martorelli (Brazil), member
Brendan Schwab (Australia), member
Alejandro Marón (Argentina), member
Theodoros Giannikos (Greece), member
on the claim presented by the club,
FC A,
as Claimant
against the club,
Club X,
as Respondent
regarding a training compensation dispute
related to the transfer of the player B
I.
Facts of the case
1.
The G Football Federation (hereinafter: the GFF) confirmed that the player, B
(hereinafter: the player), born on 5 August 1988, was registered with its
affiliated club FC A (hereinafter: the Claimant) as from 3 July 2007 until 30 June
2008 as a professional.
2.
The football season in G lasts from 1 July to 30 June of the following year.
3.
On 9 July 2008, the player was registered with the I club Club X (hereinafter: the
Respondent) as a professional.
4.
The I Football Federation (hereinafter: the IFF) confirmed that the Respondent
belonged to the category II (indicative amount of USD 40,000 per year) during
the season 2008/2009.
5.
On 6 November 2008, the Claimant contacted FIFA asking for training
compensation from the Respondent in the light of the aforementioned transfer.
6.
The Respondent informed FIFA that after the player had signed an employment
contract with the club, the said contract was allegedly terminated by mutual
agreement as the player was unsatisfied living in I. Furthermore, the I club Club
X pointed out that the player did not participate in any match.
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, the Chamber 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; hereinafter: the
Procedural Rules). The present matter was submitted to FIFA on
6 November 2008, thus after aforementioned Procedural Rules entered into
force on 1 July 2008. Therefore, the Chamber concluded that the abovementioned edition of the Rules Governing the Procedures of the Players’ Status
Committee and the Dispute Resolution Chamber is applicable to the matter at
hand.
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules, which states that the Dispute Resolution Chamber shall
examine its jurisdiction in the light of art. 22 to 24 of the Regulations on the
Status and Transfer of Players (edition 2009). In accordance with art. 24 par. 1
and in connection with art. 22 lit. d) of the aforementioned Regulations, the
Dispute Resolution Chamber shall adjudicate on disputes relating to training
compensation between clubs belonging to different associations.
3.
Furthermore, the Chamber 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 Chamber referred, on the one hand, to art. 26 par. 1
and 2 in connection with art. 29 par. 2 of the Regulations on the Status and
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Transfer of Players (editions 2008 and 2009) and, on the other hand, to the fact
that the present claim was lodged on 6 November 2008 and that the player was
registered for the Respondent on 9 July 2008. In view of the aforementioned,
the Chamber concluded that that the 2008 edition of the Regulations on the
Status and Transfer of Players (hereinafter: the 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. In doing so,
the members of the Chamber started to acknowledge the facts of the case as
well as the documents contained in the file.
5.
In this respect, the Chamber stated that, as established in art. 20 of the
Regulations in combination with art. 1 par. 1 of Annex 4 and 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 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 23rd birthday.
6.
In this regard, the Dispute Resolution Chamber acknowledged that the player,
who was born on 5 August 1988, was registered for the Claimant as from 3 July
2007 (season of the player’s 19th birthday) until 30 June 2008 (season of the
player’s 19th birthday).
7.
Furthermore, the Chamber duly noted that, on the one hand, the Claimant is
requesting training compensation from the Respondent, and, on the other
hand, that the Respondent contested the Claimant’s entitlement to receive any
training compensation, since the player, without having played a single match
for the club, terminated the employment contract with the Respondent in
mutual agreement.
8.
In view of the above, the Chamber concluded that based on the documents at
disposal, it can be established that the player in question, born on 5 August
1988, was transferred to the Respondent in July 2008, i.e. before the end of the
season of the player’s 23rd birthday.
9.
Additionally, the Chamber deemed appropriate to recall that irrespective of
whether the player and the Respondent had prematurely terminated their
employment contract, the Claimant remains entitled to receive training
compensation from the Respondent.
10.
As a result, and considering the above points II. 5 and 7 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 corresponded to 12 months, i.e. the
sporting season 2007/2008 which corresponds to the season of the player’s 19th
birthday.
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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
provided by the IFF, the Respondent belonged to category 2 during the season
2008/2009 (indicative amount of USD 40,000 per year).
13.
In view of the applicable provisions and of the facts of the present case, and
having proceeded to the relevant calculation in view of the dates of registration
of the player with the Claimant, the members of the Dispute Resolution
Chamber decided that the Claimant is entitled to receive training compensation
from the Respondent in the amount of USD 40,000.
14.
In continuation, the Chamber referred to art. 18 par. 1 of the Procedural Rules,
according to which in the proceedings before the Dispute Resolution Chamber
relating to training compensation, costs in the maximum amount of CHF 25,000
are levied. The costs are to be borne in consideration of the parties’ degree of
success in the proceedings, and are normally to be paid by the unsuccessful
party.
15.
In this respect, the Chamber reiterated that the claim of the Claimant is
accepted. Therefore, the Respondent has to bear the costs of the current
proceedings in front of FIFA.
16.
According to Annex A of the Procedural Rules, the costs of the proceedings are
to be levied on the basis of the amount in dispute.
17.
The amount in dispute to be taken into consideration in the present
proceedings amounts to USD 40,000. Therefore, the Chamber concluded that
the maximum amount of costs of the proceedings corresponds to CHF 5,000 (cf.
table in Annex A of the Procedural Rules).
18.
Considering that the case at hand allowed to be dealt with following a
reasonable procedure, that the present case did not show particular factual
difficulty and that it did not involve specific legal complexity, the Chamber
determined the final amount of costs of the current proceedings to the amount
of CHF 2,500.
19.
In view of all of the above, the Chamber concluded that the amount of
CHF 2,500 has to be paid by the Respondent to cover the costs of the present
proceedings.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, FC A, is accepted.
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2.
The Respondent, Club X, has to pay the amount of USD 40,000 to the Claimant
within 30 days as from the date of notification of this decision.
3.
If the aforementioned sum is not paid within the above-mentioned deadline,
interest at the rate of 5% per year will apply as of expiry of the stipulated time
limit and 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 2,500 is to be
paid by the Respondent, Club X, 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.
The Claimant, FC Augsburg, is directed to inform the Respondent, Club X,
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.
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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 Dispute Resolution Chamber
Jérôme Valcke
Secretary General
Encl.
CAS directives
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