Training Compensation
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 30 May 2006,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Gerardo Movilla (Spain), member
John Didulica (Australia), member
Paulo Amoretty Souza (Brazil), member
Ivan Gazidis (USA), member
on the claim presented by
the club,X,
as Claimant
against
the club, Y,
represented by
as Respondent
regarding a training compensation dispute related to the
transfer of the player A
./…
I.
Facts of the case
1.
The player A, born on 23 March 1982, was registered with X, the Claimant, for the
season 2003/2004 (starting on 25 September 2003) from the ages of 21 until 22.
2.
On 23 July 2004, the player’s ITC (non-amateur) was issued by the XXXXX Football
Federation to the XXXXXX Football Federation and the player concerned was
registered with the club Y, the Respondent.
3.
According to the FIFA circular no. 826 dated 31 October 2002, which regards the
categorisation of clubs, the Claimant belongs to category 2 and the Respondent is
a 1 division club, belonging also to category 2.
4.
On 15 November 2005, the Claimant claims training compensation amounting to
EUR 30,000. Moreover, the Claimant explained that it entered into an employment
contract with the player as from the season 2003/2004 and that the player was
released on 30 June 2004.
5.
The Respondent contested the entitlement of the Claimant to receive training
compensation and pointed out that at the time the player joined the Claimant he
was already 21 years of age, in other words, he had already completed his training
period.
6.
On 17 October 2005, the Claimant confirmed that the player joined it at the age of
21 years and 7 months. However, the Claimant is of the opinion that it is entitled
to receive compensation for the training of the player and requested a formal
decision.
7.
The Dispute Resolution Chamber is asked to decide as to whether training
compensation is payable by the Respondent to the Claimant.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Chamber analysed whether it was competent to deal with the
matter at stake. In this respect, it referred to art. 18 par. 2 and 3 of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber. The present matter was submitted to FIFA on 12 October
2004, as a consequence the Chamber concluded that the previous Procedural Rules
(edition 2001) on matters pending before the decision making bodies of FIFA are
applicable on the matter at hand.
2.
With regard to the competence of the Chamber, art. 42 par. 1 lit. (b) (iv) of the
FIFA Regulations for the Status and Transfer of Players (edition 2001) establishes
2
that disputes concerning training compensation will be decided by the Dispute
Resolution Chamber.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to
decide on the present litigation concerning the training compensation claimed by
the Claimant for the training and education of the player A.
4.
Subsequently, the members of the Chamber analyzed which edition of the
Regulations for the Status and Transfer of Players should be applicable as to the
substance of the matter. In this respect, the Chamber referred to art. 26 par. 1 and
2 of the Regulations for the Status and Transfer of Players (edition 2005) in the
modified version in accordance with the FIFA circular no. 995 dated 23 September
2005. Furthermore, it acknowledged that the player had been registered for his
new club, the Respondent, in July 2004. Equally the Chamber took note that the
claim was lodged at FIFA in October 2004. In view of the aforementioned, the
Chamber concluded that the former FIFA Regulations for the Status and Transfer
of Players (edition 2001, hereafter: the Regulations) are applicable on the case at
hand as to the substance.
5.
In continuation, the members took note of the Respondent’s position that the
Claimant is not entitled to receive any training compensation arguing that at the
time the player joined the Claimant he had already turned 21 years of age, in
other words, he had already completed his training period.
6.
To this regard, the Chamber took due note that the Claimant confirmed that the
player joined the club at the age of 21 years and 7 months. However, the Claimant
is of the opinion that it is entitled to receive compensation for the training and
education of the player. In particular, the Claimant requests the amount of EUR
30,000 for the training and education of the player during the season 2003/2004.
7.
In continuation, the Chamber referred to art. 5 par. 1 of the Regulations
governing the Application of the Regulations which state that, on the one hand,
for the purposes of calculating the relevant training compensation, the training
period starts at the beginning of the season of the player’s 12th birthday, or at a
later age, as the case may be, and finishes at the end of the season of his 21st
birthday.
8.
On the other hand, the Chamber referred to art. 13 of the Regulations which
stipulates that training compensation shall be payable, as a general rule, up to the
age of 23 for training incurred up to the age of 21, unless it is evident that a
player has already terminated his training period before the age of 21.
9.
Then the Chamber considered that the player undisputedly joined the Claimant at
the age of 21 years and 7 months, in other words, the Chamber took into account
that in the present case the Claimant requests training compensation for training
allegedly incurred after the age of 21.
3
10.
In view of all of the above, the Chamber concluded that the Claimant is not
entitled to receive from the Respondent any training compensation for the
training and education of the player A and therefore rejected the claim.
III.
Decision of the Dispute Resolution Chamber
1.
The claim lodged by the Claimant, X, is rejected.
2.
According to art. 60 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
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:
Urs Linsi
General Secretary
Encl.
CAS directives
4