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
Mick McGuire (England), member
Zola Malvern Percival Majavu (South Africa), member
Caio Cesar Vieira Rocha (Brazil), member
on the claim presented by the club
E,
as “Claimant”
against the club
A,
as “Respondent”
regarding training compensation related to the transfer of the player S.
I.
Facts of the case
1.
The player, S, was born on 30 September 1987.
2.
According to the player passport received from the D Football Federation, the
player was registered as follows:
a.
b.
c.
E (amateur status) as from 1 August 1998 until 24 July 2001;
L (amateur status) as from 24 July 2001 until his transfer to T;
A in October 2005.
3.
The relevant D sportive seasons ran from 1 August until 1 July of the following
year.
4.
According to the D Football Federation the player signed his first contract as a
professional with the T club on 10 November 2006. In this regard, a copy of a
letter dated 16 March 2007 that was addressed by the T Football Federation to
the D Football Federation was presented in which the T Football Federation
confirmed such fact.
5.
In the same letter, the T Football Federation confirmed that its member club
has been allocated club category 2.
6.
The T Football Federation has also confirmed that the player, S, was registered
with A as a professional on 16 November 2006.
7.
On 24 May 2007, in the light of the above-mentioned circumstances, E lodged
a claim for training compensation against A in front of FIFA claiming that
according to art. 20 and annex 4 of the Regulations for the Status and Transfer
of Players (edition 2005) it is entitled to receive from the T club training
compensation in the total amount EUR 20,000 for two seasons between the
player’s 12th and 15th birthday.
8.
In reply to the claim, the T club asserts that prior to the signing of an
employment contract with the player it had contacted the player’s former club
(without specifying any club name), with which it allegedly had agreed on a
training compensation of EUR 2,500. The club maintains having paid such
amount and enclosed an illegible “receipt” of payment to this end.
9.
At FIFA’s request, the D Football Federation indicated that such payment
indeed appears to have been made to the player’s former club, L emphasising
at the same time, acting on behalf of the Claimant, that such payment does
not affect E’s entitlement to training compensation.
Training compensation regarding the player S
(Club E / Club A)
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10.
No further comments have been received from the T club in spite of FIFA’s
invitation.
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 24 May 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, S.
3.
Furthermore, and taking into consideration that the player was registered with
his new club as a professional on 16 November 2006, 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 24 May 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. After careful
study of the documentation on file, the members of the Chamber started by
acknowledging that A and the player, S, entered into an employment contract
and that the player was registered as a professional with the Respondent on 16
November 2006, after previously having been registered with the Claimant and
another D club as an amateur.
5.
Furthermore, the members of the Chamber took into account that E, on the
one hand, claims being entitled to receive the amount of EUR 20,000 as
training compensation from A.
Training compensation regarding the player S
(Club E / Club A)
3
6.
The T club, for its part, points out that prior to the signing of an employment
contract with the player it had agreed on training compensation with the
“player’s former club”, however, without indicating any club name. A further
maintains that the pertinent amount of EUR 2,500 had already been paid. The
Chamber noted that the receipt that was put forward by the T club in this
context is illegible and that A has failed to present a legible copy of such
receipt in spite of having been invited to do so.
7.
From the information received from the D Football Federation at FIFA’s
request, such agreement on and payment of the aforementioned amount of
EUR 2,500 appears to have been made with/to the player’s former club, L.
8.
In this regard, the Chamber deemed it important to emphasise that any
agreement on training compensation concluded by and between A and the
player’s former club L, does not affect any possible entitlement of E to training
compensation in accordance with the Regulations.
9.
Therefore, the Chamber agreed that the Respondent’s analysis must be
rejected.
10.
The Chamber then proceeded to establish as to whether E indeed is entitled to
receive training compensation from the T club in the light of the
aforementioned facts and the Regulations. The Chamber recalled that the
player signed his first employment contract with the Respondent and was
subsequently registered as a professional for the first time with the
Respondent in November 2006. From the player’s career history, it can be
noted that prior to his transfer to A the player, S, was registered as an amateur
with the Claimant at the age of 11 and subsequently he was registered as an
amateur with another D club.
11.
In continuation, the members of the Chamber referred to art. 20 of the
Regulations as well as art 3 par. 1 of Annex 4 of the Regulations, in accordance
with which the club for which the player is being registered as a professional
for the first time is responsible for paying training compensation to every club
for which the player was registered and that has contributed to his training
starting from the season in which he had his 12th birthday. On account of the
above-mentioned facts and considerations, the Chamber decided that A is
liable to pay training compensation to E in accordance with art. 20 of the
Regulations as well as art 3 par. 1 of Annex 4 of the Regulations.
12.
The Chamber then turned to art. 5 paras. 1 and 2 of Annex 4 of the
Regulations as well as FIFA circular nr. 1031 dated 4 April 2006 which provide
details on the calculation of training compensation.
Training compensation regarding the player S
(Club E / Club A)
4
13.
The members of the Chamber recalled that the player was born on 30
September 1987 and that he was registered with E as from 1 August 1998 until
24 July 2001 according to the player passport issued by the D Football
Federation. In this respect, the Chamber pointed out that the amount payable
is calculated on a pro rata basis according to the period of training that the
player spent with the Claimant as from the season in which he had his 12th
birthday. Furthermore, the Chamber pointed out that in accordance with art. 5
par. 3 of Annex 4 of the Regulations, training costs for players for the seasons
between their 12th and 15th birthday shall be based on the training and
education costs for category 4 clubs, i.e. EUR 10,000 per season in the case at
hand.
14.
Consequently, taking into account the above-mentioned considerations, the
Chamber decided to accept E’s claim and thus decided that E is entitled to
receive training compensation from A to the amount of EUR 20,000.
15.
Therefore, the Chamber decided that A is liable to pay to E training
compensation amounting to EUR 20,000.
*****
Training compensation regarding the player S
(Club E / Club A)
5
III. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, E, is accepted.
2.
The Respondent, A, shall pay the amount of EUR 20,000 to the Claimant within
30 days of notification of the present decision.
3.
In the event that the amount of EUR 20,000 is not paid within the stated
deadline, an interest rate of 5% per year will apply as of expiry of the
aforementioned time limit and the case will be presented upon request to the
FIFA Disciplinary Committee for its consideration and decision.
4.
The Claimant is directed 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.
*****
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
Secretary General
Training compensation regarding the player S
(Club E / Club A)
Enclosed: CAS directives
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