Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 21 May 2010,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Mario Gallavotti (Italy), member
Mohamed Mecherara (Algeria), member
Joaquim Evangelista (Portugal), member
Johan Van Gaalen (South Africa), member
on the claim presented by the club
A,
as Claimant
against the club
F,
as Respondent
regarding a training compensation dispute
related to the transfer of the player P
I.
Facts of the case
1.
The Football Association A confirmed that the player P, born on 13 January
1985, was registered with its affiliated club, Club S, from 13 April 1993 until 28
February 2001 and from 1 October 2001 until 9 May 2003 as an amateur.
2.
The sporting season in the country A runs as follows: a) for amateurs (under 20
years of age) as from January until December of the relevant year and b) for
amateurs (more than 20 years of age) and professionals as from 1 July until 30
June of the following year.
3.
On 24 January 2007, the player was registered with the club F as a professional
player.
4.
The Football Federation F confirmed that the club F belonged to the category I
(indicative amount of EUR 90,000 per year) during the season when the player
was registered with it.
5.
On 11 July 2007, Club S contacted FIFA asking for its proportion of training
compensation from the club F. In particular, Club S is requesting its proportion
of training compensation for the period comprehended between the season of
the players’ 12th birthday and 10 May 2003, excluding the period the player was
registered with R Club (i.e. 1 March 2001 until 30 September 2001), plus 5%
interest since the date on which the payment should have been made.
6.
On 7 October 2009, the club F informed FIFA, via its association, that no transfer
compensation was paid for the transfer of the player P.
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 3 of the Rules Governing the Procedures of the Players’ Status
Committee and the Dispute Resolution Chamber (edition 2008). The present
matter was submitted to FIFA on 11 July 2007, thus before the aforementioned
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber entered into force on 1 July 2008. Therefore, the
Chamber then referred to art. 18 par. 1 and 2 of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber (edition 2005; hereinafter: the Procedural Rules) and concluded that
the 2005 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
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Status and Transfer of Players (edition 2009). In accordance with art. 24 par. 1
and 2 in connection with art. 22 lit. d of the aforementioned Regulations, the
Dispute Resolution Chamber shall adjudicate on disputes relating to training
compensation.
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
Transfer of Players (edition 2009) and, on the other hand, to the fact that the
present claim was lodged on 11 July 2007 and that the player was registered for
the Respondent on 24 January 2007. In view of the aforementioned, the
Dispute Resolution Chamber concluded that that the 2005 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. 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 recalled that the player, born on 13 January 1985,
was registered as an amateur for the Claimant from 13 April 1993 to 28
February 2001 and from 1 October 2001 to 9 May 2003.
6.
In continuation, the Dispute Resolution Chamber duly noted that the Claimant
is requesting training compensation for the training and education of the
player incurred between 1 January 1997 and 28 February 2001 and between 1
October 2001 and 9 May 2003, i.e. the seasons comprehended between the
player’s 12th and 18th birthday, as well as the payment of 5% interest since the
date the payment should have been made.
7.
The Chamber acknowledged that the Football Federation F confirmed that the
Respondent was a category I club at the time the player was registered as a
professional for it on 24 January 2007. Consequently, the Chamber took into
account that the indicative training costs for a category I club and member of a
national association affiliated to the Union des Associations Européennes de
Football (UEFA) amount to EUR 90,000.
8.
In continuation, the Chamber stated that, as established in art. 1 par. 1 of
Annex 4 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
before the end of the season of the player’s 23rd 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
13 January 1985, was registered with the Claimant from 13 April 1993 to 28
February 2001 and from 1 October 2001 to 9 May 2003 and was registered for
the first time as a professional for the Respondent on 24 January 2007, i.e.
before the end of the season of the player’s 23rd birthday.
10.
Moreover, in view of the Respondent’s position, the Dispute Resolution
Chamber emphasized, on the one hand, that with regard to the payment of
training compensation, in accordance with art. 2 par. 1 of Annex 4 of the
Regulations the relevant fact to be taken into account is either the first
registration of the player as professional or the transfer of a professional
between clubs of two different associations whether during or at the end of his
contract, both before the end of the season of his 23rd birthday. On the other
hand, the Chamber concluded that, in line with the aforementioned provision,
the payment or non-payment of a transfer compensation is not a relevant
criteria with regard to the payment of training compensation.
11.
On account of the foregoing, the Chamber concluded that the Claimant was
entitled to receive training compensation from the Respondent.
12.
As a result and considering the aforementioned points II. 6. and II. 9. 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 Dispute Resolution Chamber concluded
that the effective period of time to be considered in the matter at stake
corresponds to the period comprehended between 1 January 1997 and 28
February 2001 and between 1 October 2001 and 9 May 2003.
13.
Turning its attention to the calculation of training compensation, the Chamber
referred to art. 5 par. 1 to 3 of Annex 4 of the Regulations, which stipulate 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 training club, however, taking into account that the training
costs for players for the seasons between their 12th and 15th birthdays shall be
based on the training and education costs of category 4 clubs.
14.
In this respect, the Chamber took due note that according to the information at
disposal the Respondent belonged to category I in the season 2006/2007
(indicative amount within UEFA EUR 90,000 per year). In accordance with art. 5
par. 3 of Annex 4, the Chamber took also due note that the indicative amount
for clubs belonging to category 4 within UEFA in the season 2006/2007 was
EUR 10,000.
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15.
Equally, the Chamber emphasized that according to art. 3 par. 2 of the 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
Dispute Resolution Chamber decided that the Claimant is entitled to receive
training compensation from the Respondent in an amount of EUR 197,500, with
5% interest per year on the said amount as from 24 February 2007 until the
effective date of payment.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, S, is accepted.
2.
The Respondent, F, has to pay to the Claimant, S, the amount of EUR 197,500
plus 5% interest per year on the said amount as from 24 February 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 aforementioned
deadline, the present matter shall be submitted, upon request, to FIFA’s
Disciplinary Committee for consideration and a formal decision.
4.
The Claimant, S, is directed to inform the Respondent, F, 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.
*****
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
5
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
Enclosed: CAS directives
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