Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 13 June 2008,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Michele Colucci (Italy), member
Caio Cesar Vieira Rocha (Brazil), member
Zola Majavu (South Africa), member
Mick McGuire (England), member
on the claim presented by the club
S,
as Claimant
against the club,
K,
as Respondent
regarding a training compensation dispute related to the
transfer of the player E.
./…
I.
Facts of the case
1.
The player, E (hereinafter: the player), was born on 2 December 1984.
2.
According to the player passport issued on 13 February 2008 by the T Football
Federation, the player was registered as a professional player for the S club
(hereinafter: the Claimant) for the seasons 2004/2005, 2005/2006 and 2006/2007
(until 5 January 2007) .
3.
On 5 January 2007, the player was transferred to the G club (hereinafter: the
Respondent).
4.
In accordance with the written confirmation of the T Football Federation, the T
season runs from 1 July to 30 June of the following year.
5.
According to information provided by the G Football Federation, the player has
been registered as a professional player with the Respondent on 18 January 2007.
Furthermore, pertaining to details provided by the G Football Federation, a club
from the 2nd B, to which the Respondent belongs to, is a category 2 club.
6.
On 7 July 2007, the Claimant submitted a claim against the Respondent to FIFA via
the Tunisian Football Federation and asserted the following:
-
the Claimant concluded a three-year contract running from 20 December
2003 to 20 December 2006 with the professional player E.
The player was injured during an official match on 12 December 2004,
but continued to be trained and receive his salary.
the Respondent is a category 2 club. The training compensation is
therefore EUR 120,000 (2 x EUR 60,000).
7.
In its response to the claim of 30 July 2007 the Respondent acknowledges that it is
liable to pay training compensation in the amount of EUR 65,000, i.e. for the
period of 13 months.
8.
Any payments over and above this sum are contested for the following reasons:
-
No training compensation is owed for the period from February 2005
onwards because the player was injured from February to June, and
consequently did not take part in training or matches during these six
months. Therefore, no training could have taken place.
-
The period from August 2005 to June 2006 cannot be taken into account
either because the player took part in 24 T league matches, 2 cup
Training Compensation for the player E
(Club S, / Club K)
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-
matches and 12 matches in the CAF Confederation Cup during the
2005/2006 season and was “evidently” one of the team’s key players.
The period from 1 July 2006 onwards is not relevant either, because the
player turned 21 years of age in December 2005, which meant the
2005/2006 season was the final season to be taken into account for
compensation.
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, it took note that the present matter
was submitted to FIFA on 7 July 2007. Consequently, the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 18 par.
2 and 3 of the Procedural Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and confirmed that in accordance with art. 24 par. 1 and art. 22
lit. (d) of the Regulations on the Status and Transfer of Players (edition 2008) the
Dispute Resolution Chamber is competent to decide on the present litigation with
an international dimension concerning the training compensation claimed by the
Claimant for the training and education of the player E.
3.
Furthermore, and taking into consideration that the player was registered with his
new club on 18 January 2007, the Chamber analysed which regulations should be
applicable as to the substance of the matter. In this respect, it confirmed that in
accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer
of Players (edition 2008), and considering that the present claim was lodged on 7
July 2007 the previous version of the regulations (edition 2005; hereinafter:
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. However, the President of the Chamber
abstained from participating to the deliberations.
Training Compensation for the player E
(Club S, / Club K)
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5.
First of all, the Chamber noted that the Claimant claims training compensation
amounting to EUR 120,000 from the Respondent for the training and education of
the player, based on the transfer of the player from the Claimant to the
Respondent and given the fact that the Respondent was a category 2 club.
6.
Continuing, 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 the player concerned is transferred between clubs of two different
associations before the end of the season of the player’s 23rd birthday.
7.
In this respect, the Chamber acknowledged that the player was born on 2
December 1984 and therefore concluded that the season of the player’s 21
birthday was in 2005/2006 and consequently the season of the player’s 23rd
birthday was in 2007/2008.
8.
The Chamber also considered that the T Football Federation had provided the
information that the Tunisian football season runs as of 1 July until 30 June of the
following year.
9.
In this respect, the Chamber emphasised that in the case of the player the period
to take into account is, as a general rule, from the season 1996/1997 until the
season 2005/2006. Moreover, the Chamber acknowledged that the T Football
Federation confirmed that the player was registered with the Claimant for the
seasons 2004/2005, 2005/2006 until 5 January of the 2006/2007 season.
10.
On account of the above, the Chamber stated that the conditions for the payment
of training compensation were in principle fulfilled until the 2005/2006 season,
while the season 2005/2006 could not be taken into account, as the latter was the
season of the player’s 22nd birthday.
11.
However, at this point the members of the Chamber turned their attention to the
statement of defence of the Respondent, which contests the Claimant’s
entitlement to receive training compensation for the time as of February until
June 2005, arguing that the player was injured and consequently did not take part
in training or matches during these months and that therefore, no training could
have taken place in this time frame.
Training Compensation for the player E
(Club S, / Club K)
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12.
To that regard, the Chamber was eager to point out that injuries are part of
football and that, irrespective of the fact that he was injured, the player stayed
and was registered with his club (i.e. the Claimant) and was doing his
rehabilitation. In this sense, the Chamber concluded that, even though the player
was injured, this very period has to be considered as a period for which training
compensation can be demanded.
13.
Equally, the Chamber took note of the argument of the Respondent that the
period from August 2005 to June 2006 cannot be taken into account because the
player allegedly took part in 24 T league matches, 2 cup matches and 12 matches
in the Confederation Cup during the 2005/2006 season and was one of the team’s
key players, which, according to the Respondent, indicates that the player has
already terminated his training period before the age of 21.
14.
In this sense, the Chamber mentioned that some indications of the player being a
talented “key player” are not enough to prove an early termination of the
training period of the player. In fact, in order to consider the training period of a
player to be terminated, several factors have to be taken into account and the
requirements for a player’s training period to be considered terminated early are
very high. The mere fact that the player took part in several matches of the T
League as well as in the Confederation Cup do not indicate as such that the
training period has been terminated before the player turned 21.
15.
As a consequence, the Chamber was of the unanimous opinion that the said
requirements are not fulfilled in the matter at hand and that therefore, the period
from August 2005 to June 2006 has to be considered as a training period of the
player.
16.
Equally, the Chamber noted that the G Football Federation confirmed that the
Respondent was a category 2 club for the seasons 2004 until 2006. Moreover,
the Chamber took into account that the indicative training costs for a category
2 club and member of a national association affiliated to the Union des
associations européennes de football (UEFA) amount to EUR 60’000 per season
(cf. FIFA circular nr. 959 dated 16 March 2005).
17.
On account of all the foregoing considerations, the Chamber decided that the
Claimant is entitled to receive, in accordance with its request, training
compensation for the training and education of the player in the amount of
EUR 120,000.
Training Compensation for the player E
(Club S, / Club K)
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III.
Decision of the Dispute Resolution Chamber
1.
The claim lodged by the Claimant, S, is accepted.
2.
The Respondent, K, is ordered to pay training compensation in the amount of
EUR 120,000, within 30 days as from the date of notification of the present
decision.
3.
If the aforementioned amount is not paid within the established timeframe,
interests at a rate of 5% per year shall apply as of the first day after expiry of
the deadline and the matter shall be submitted to FIFA’s Disciplinary
Committee so that the appropriate measures may be imposed.
4.
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 any payment received.
5.
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).
Training Compensation for the player E
(Club S, / Club K)
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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
Enclosed: CAS directives
Training Compensation for the player E
(Club S, / Club K)
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