Training Compensation
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 21 November 2006,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Paulo Rogerio Amoretty Souza (Brazil), member
Ivan Gazidis (USA), member
Carlos Soto (Chile), member
John Didulica (Australia), member
on the claim presented by the club
X,
as Claimant
against the club
Y
as Respondent
regarding training compensation
for the player Z
./…
I.
Facts of the case
1.
The Football Association of xxxxxx confirmed that the player Z, born on 17
December 1984, was registered with, X, the Claimant, for 11 months as form 30
March 2001 until 24 February 2002 between the ages of 16 and 17 as amateur.
2.
On 25 October 2003, the relevant International Transfer Certificate was issued
from the xxxx in favour of the xxxxx. The player signed an employment contract
with the club Y the Respondent, valid as from 1 July 2003 until 30 June 2008.
3.
On 7 October 2004, the Claimant contacted FIFA requesting training
compensation in accordance with Chapter VII of the FIFA Regulations for the
Status and Transfer of Players (edition 2001).
4.
According to the FIFA circular no. 826 dated 31 October 2002, which regards
the categorisation of clubs, the Claimant is a 4 division club belonging to
category 4 and the Respondent is a 1 division club, belonging to category 1.
5.
The Respondent offered to pay the amount of EUR 10,000 to the Claimant.
However, the latter requested the amount of USD 20,000 as previously offered
by the Respondent on 12 September 2003.
6.
The Respondent, informed FIFA that it had consistently tried to solve the matter
with the Claimant, but without success. Moreover, the Respondent is ready, as
it has always been, to promptly comply with its obligations towards the
Claimant. However, in consideration of the legal expenses incurred due to the
unsuccessful negotiations and the present litigation before FIFA, it cannot
accept the counter offer of USD 20,000 made by the Claimant.
7.
The Claimant did not accept the offer of the Respondent in the amount of EUR
10,000 and once again pointed out that the Respondent had offered to pay
the amount of USD 20,000 long ago during the friendly negotiations.
8.
The Respondent again confirmed that it is ready to pay the amount of EUR
10,000 complying with its obligations.
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
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Resolution Chamber. The present matter was submitted to FIFA on 7 October
2004, as a consequence the Chamber concluded that the previous Procedural
Rules (edition 2001) on maters 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
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 Z.
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 signed the
employment contract with his new club in July 2003. 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 Chamber emphasised that as established in chapter VII of
the Regulations training compensation for a player’s training and education is,
in principle, payable by the new club either when the player signs his first
contract as a non-amateur or each time a player changes from one club to
another up to the time his training and education is complete, which, as a
general rule, occurs when the player reaches 21 years of age.
6.
In accordance with art. 5 of the FIFA Regulations governing the Application of
the Regulations, the training period to be taken into account for the calculation
of the training compensation, 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 the player’s 21st birthday.
7.
Subsequently, the Chamber considered that it is undisputed by the parties that
the Claimant is entitled to receive training compensation for the training and
education of the player concerned. However, the Chamber took due note
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that the parties differ on the relevant amount and requested a formal decision
on the amount due.
8.
Subsequently, the Chamber emphasised that based on the official
documentation remitted by the Football Association of xxxxxx it can be
established that the player Z, born on 17 December 1984, was registered with
the Claimant, for 11 months as form 30 March 2001 until 24 February 2002
between the ages of 16 and 17 as amateur.
9.
Turning its attention to the calculation, the Chamber pointed out that in
accordance with the parameters provided for by art. 7 par. 3 of the
Regulations governing the Application of the Regulations, as a general
principle, compensation for training is based on the training and education
costs of the country in which the new club, i.e. the Respondent, is located.
10.
According to the FIFA circular no. 826 dated 31 October 2002, which regards
the categorisation of clubs, the Claimant is a 4 division club belonging to
category 4 and the Respondent is a 1 division club, belonging to category 1.
11.
Consequently, in application of article 7 par. 1 of the FIFA Regulations
governing the Application of the Regulations the indicative amount of EUR
10,000 must be multiplied by the number of years of training of the player in
case.
12.
Taking into account all of the above, the Chamber concluded that the
Respondent has to pay the amount of EUR 9,166 to the Claimant as training
compensation for the training and education of the player Z.
III.
Decision of the Dispute Resolution Chamber
1.
The claim lodged by the Claimant, X, is partially accepted.
2.
The Respondent, Y shall pay the total amount of EUR 9,166 to the Claimant,
within 30 days following the date of the notification of the present decision.
3.
Any further claims are rejected.
4.
In the event that the above-mentioned amount is not paid within the stated
deadline, an interest rate of 5% per year will apply as of expiring of the fixed
time limit and the present matter shall be submitted to FIFA’s Disciplinary
Committee, so that the necessary disciplinary sanctions may be imposed.
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5.
The Claimant is instructed to inform the Respondent directly and immediately 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:
Urs Linsi
General Secretary
Encl.
CAS directives
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