Training Compensation
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 22 June 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Diallo (France), Member
Essa M. Saleh Al-Housani (United Arab Emirates), Member
Philippe Piat (France), Member
Joaquim Evangelista (Portugal), Member
on the claim presented by the club
Xxx, Xxx,
represented by Mr Xxx, Attorney at law,
as Claimant
against the club
Xxx, Xxx,
represented by Mr Xxx, Attorney at law,
as Respondent
regarding training compensation for the player Xxx.
I.
Facts of the case
1.
According to the confirmation of the Xxx Football Association the Xxx player, Xxx
(hereinafter: the Player), born on 27 July 1987, was registered with the Xxx club,
Xxx (hereinafter: the Claimant), from 1 July 1995 to 30 June 2002, during 7
sporting seasons, between the ages of 7 and 14.
2.
On 1 July 2004, the Player signed his first non-amateur contract with the Xxx club,
Xxx (hereinafter: the Respondent).
3.
On 18 October 2004, the International Transfer Certificate (ITC) for the Player was
issued by the Xxx Football Association in favour of the Xxx Football Federation.
4.
On 29 December 2005, the Claimant contacted FIFA requesting from the
Respondent the payment of training compensation as described in the applicable
FIFA Regulations for the Status and Transfer of Players. Furthermore, the Claimant
claimed from the Respondent default interest at a rate of 5% p.a. and the
reimbursement of the legal expenses.
5.
Only on 11 August 2006, the Respondent presented its late response to the
present matter arguing that the Xxx club, Xxx, by the agreement signed between
Xxx and the Respondent on 13 October 2004, undertook to hold the Respondent
harmless from any claim for compensation lodged by a third party in connection
with the training and the education of the Player between the ages of 12 and 16.
6.
In this sense, the Respondent requested that Xxx should reimburse any amount
payable by the Respondent to the Claimant as training compensation for the
Player.
7.
In its replica, the Claimant emphasised not having received any payment from Xxx
in connection with the allegedly outstanding amount as training compensation.
8.
In this respect, Xxx maintained that the Claimant was already compensated for the
Player in the year 2002.
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 29 December
2005, as a consequence the Chamber concluded that the revised Rules Governing
Procedures (edition 2005) on matters pending before the decision making bodies
of FIFA are applicable to the matter at hand.
Training compensation for the player Xxx
(Club Xxx, Xxx / Club Xxx, Xxx)
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2.
With regard to the competence of the Chamber, art. 3 par. 1 of the Procedural
Rules states that the Dispute Resolution Chamber shall examine its jurisdiction in
the light of articles 22 to 24 of the current version of the Regulations for the
Status and Transfer of Players (edition 2005). In accordance with art. 24 par. 1 in
combination with art. 22 (d) of the aforementioned Regulations, the Dispute
Resolution Chamber shall adjudicate on disputes between two clubs belonging to
different Associations related to training compensation.
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 of the Player.
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 his first nonamateur contract on 1 July 2004. Equally the Chamber took note that the claim
was lodged at FIFA on 29 December 2005. 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, and entering into the substance of the matter, the members of
the Chamber acknowledged that, on the one hand, the Claimant requested
training compensation based on the number of years of training and education of
the player with the Claimant and that, on the other hand, the Respondent
invoked that it is not responsible for paying the requested training compensation
on the basis of the agreement signed between it and Xxx on 13 October 2004 (cf.
point I.4.).
6.
In this respect, the members of the Chamber acknowledged that the argument put
forward by the Respondent concerns an agreement, according to which Xxx
undertakes to hold the Respondent harmless from any claim for compensation
lodged by a third party in connection with the training and the education of the
Player between the ages of 12 and 16.
7.
Subsequently, the deciding body went on to examine the relevant agreement, on
the basis of which the Respondent refused to pay training compensation. In this
sense, the Chamber noted in particular that the agreement was not signed by the
Claimant. Therefore, it was emphasised by the members of the Chamber that the
Claimant was no party to the relevant agreement and that such agreement cannot
be legally binding on the Claimant.
8.
As a consequence, the members of the Chamber unanimously concluded that the
argumentation of the Respondent cannot be accepted since the agreement
Training compensation for the player Xxx
(Club Xxx, Xxx / Club Xxx, Xxx)
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concluded between the Respondent and Xxx is not relevant to the present dispute
between the Claimant and the Respondent and, thus, cannot in any sense deprive
the Claimant of its entitlement to receive training compensation.
9.
In continuation, the Chamber emphasized that, as established in chapter VII of the
Regulations, training compensation for a player’s training and education is
payable by the new club to the training club of the player 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 age of 23.
10.
In this respect, the Chamber acknowledged that the Player signed his first contract
as a non-amateur with the Respondent on 1 July 2004, at the age of 16.
11.
As a consequence, the Chamber concluded that the Claimant is entitled to receive
training compensation for the training and education it provided to the Player
according to chapter VII of the Regulations.
12.
After having established the Respondent’s obligation to compensate the Claimant
for having trained the Player, the Chamber went on to deliberate on the proper
calculation of this compensation, affirming that the amount due shall be
calculated in accordance with the parameters set out in the Regulations governing
the Application of the Regulations and Circular no. 826, dated 31 October 2002.
13.
In this regard, the Chamber took note that the Player, born on 27 July 1987, was
registered with the Claimant as an amateur from 1 July 1995 (the season
1995/1996) until 30 June 2002 (the season 2001/2002), i.e. between the seasons of
the Player’s 8th and 14th birthday.
14.
Moreover, the Chamber acknowledged that 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. In
this sense, the Chamber emphasised that in the present case only the period as of
the season 1999/2000 has to be considered.
15.
In light of the above, the Chamber decided that the Claimant is entitled to receive
training compensation for the period of 3 entire seasons, corresponding to the
seasons of the Player’s 12th birthday (1999/2000), the season of the Player’s 13th
birthday (2000/2001) and the season of the Player’s 14th birthday (2001/2002).
16.
In continuation, the Chamber emphasised that according to Circular no. 826, dated
31 October 2002, and art. 7 par. 2 of the Regulations governing the Application of
the Regulations the amount due for the training of players aged 12 to 15 is based
on the training and education costs established for category 4, i.e. the indicative
amount of EUR 10’000 per year.
Training compensation for the player Xxx
(Club Xxx, Xxx / Club Xxx, Xxx)
4
17.
Furthermore, the Chamber pointed out that in accordance with art. 7 par. 1 of the
Regulations governing the Application of the Regulations the amount due as
training compensation has to be calculated by multiplying the relevant training
and education costs (EUR 10,000 per year) by the relevant number of years of
training (3 years).
18.
As a consequence, the Chamber concluded that the Respondent has to pay to the
Claimant training compensation in the amount of EUR 30,000.
19.
Moreover, the Chamber decided that the Claimant should be awarded the claimed
default interest at a rate of 5% per year as from the date on which the amount of
EUR 30,000 payable as training compensation fell due, i.e. on 1 August 2004. In
this respect, the Chamber referred to art. 9 par. 1 of the Regulations governing
the Application of the Regulations, according to which the amount payable as
training compensation shall be paid at the latest within 30 days as of the date of
the signature of the first non-amateur contract (1 July 2004).
20.
Finally, as regards the claimed legal expenses, the Chamber, referred to its wellestablished jurisprudence in accordance with which no procedural compensation
shall be awarded in proceedings in front of the Dispute Resolution Chamber.
Furthermore, the Chamber stated that the Claimant did not quantify and specify
this compensation at all, nor provided FIFA with any proving document.
Consequently, the Chamber decided to not award these claimed expenses.
21.
Taking into account all of the above, the Dispute Resolution Chamber decided
that the Respondent has to pay the amount of EUR 30’000 plus default interest at
a rate of 5% per year as from 1 August 2004 to the Claimant.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Xxx, is partially accepted.
2.
The Respondent, Xxx, has to pay the amount of EUR 30,000 plus default interest at
a rate of 5% per year as from 1 August 2004 to the Claimant, Xxx, within 30 days
as from the date of notification of this decision.
3.
In the event that the above-mentioned amount is not paid within the stated
deadline, the present matter shall be submitted to FIFA’s Disciplinary Committee,
so that the necessary disciplinary sanctions may be imposed.
4.
Any further claim of the Claimant, Xxx, is rejected.
5.
The Claimant, Xxx, is instructed to inform the Respondent, Xxx, 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.
Training compensation for the player Xxx
(Club Xxx, Xxx / Club Xxx, Xxx)
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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:
Jérôme Valcke
General Secretary
Encl.
CAS directives
Training compensation for the player Xxx
(Club Xxx, Xxx / Club Xxx, Xxx)
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