Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 18 June 2009,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Rinaldo Martorelli (Brazil), member
Mohamed Mecherara (Algeria), member
on a matter between the club
F,
as Claimant
and the club
A,
as Respondent
regarding training compensation related to
the transfer of the player V
I.
Facts of the case
1.
The player V (hereinafter: the player), was born on 19 December 1983.
2.
According to the Football Association S, the player was registered for the club F
(hereinafter: the Claimant) from 27 October 1993 until 24 July 2003 and from 3
August 2005 until 31 January 2006, for the club B from 24 July 2003 until 3 August
2005 and for F from 31 January 2006 until 31 July 2006. During the whole period
of registration, the player had an amateur status.
3.
The sporting season in S lasts from 1 July until 30 June of the following year.
4.
On 26 July 2006, the player was transferred from the club F to the club A
(hereinafter: the Respondent).
5.
According to the Football Federation R, the player was registered with the
Respondent on 26 July 2006 as a professional.
6.
By means of a correspondence dated 11 December 2008, the Football Federation R
stated that the Respondent was a category 3 club “at the time when this transfer
was made”.
7.
On 4 February 2008, the Claimant lodged a complaint before FIFA against the
Respondent, claiming the payment of training compensation in a total amount of
EUR 160,000, on the basis that the player signed his first professional contract with
the Respondent, and composed as follows:
•
EUR 10,000 for the 1995/1996 season,
•
EUR 10,000 for the 1996/1997 season,
•
EUR 10,000 for the 1997/1998 season,
•
EUR 10,000 for the 1998/1999 season,
•
EUR 30,000 for the 1999/2000 season,
•
EUR 30,000 for the 2000/2001 season,
•
EUR 30,000 for the 2001/2002 season,
•
EUR 30,000 for the 2002/2003 season.
8.
On 6 February, 29 September 2008 and 27 April 2009, FIFA contacted the
Respondent, via the Football Federation R, and invited it to provide FIFA with its
position in connection with the claim lodged by the Claimant. The Respondent
was informed about the contents of art. 9 par. 3 of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber.
However, it did not react at all.
2
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analysed whether it was competent to
deal with the matter at hand. In this respect, the Chamber first referred to art. 21
par. 2 and 3 of the Rules Governing the Procedures of the Players’ Status
Committee and the Dispute Resolution Chamber (edition 2008). The present
matter was submitted to FIFA on 4 February 2008, thus before the
aforementioned Rules entered into force on 1 July 2008. Therefore, the Dispute
Resolution Chamber referred to art. 18 par. 2 and 3 of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(DRC) (hereinafter: Procedural Rules; edition 2005) and concluded that the 2005
edition of the Procedural Rules is applicable to the matter at hand.
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules, which states that the Dispute Resolution Chamber shall examine
its jurisdiction in the light of art. 22 to 24 of the Regulations on the Status and
Transfer of Players (edition 2008). In accordance with art. 24 par. 1 in connection
with art. 22 lit. d) of the aforementioned Regulations, the Dispute Resolution
Chamber shall adjudicate on disputes relating to training compensation.
3.
Furthermore, the Chamber analysed which edition of the Regulations on the
Status and Transfer of Players should be applicable as to the substance of the
matter. In this respect, the Chamber referred, on the one hand, to art. 26 par. 1
and 2 of the Regulations on the Status and Transfer of Players (edition 2008) and,
on the other hand, to the fact that the present claim was lodged on 4 February
2008 and that the player was transferred to the Respondent on 26 July 2006. In
view of the aforementioned, the Dispute Resolution Chamber concluded that the
2005 edition of the Regulations for the Status and Transfer of Players (hereinafter:
the 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. In doing so,
the members of the Chamber firstly observed that the Respondent never took
position on the claim lodged against it by the Claimant, despite having been asked
to do so by FIFA on several occasions. Therefore, the Chamber underlined that, in
this way, the Respondent renounced to its right to defence and, thus, accepted
the allegations of the Claimant.
5.
As a consequence, the members of the Chamber referred to art. 9 par. 3 of the
Procedural Rules and pointed out that in the present matter a decision shall be
taken upon the basis of the documents on file, in other words upon the
allegations and documents provided by the Claimant and the respective
associations.
3
6.
In this respect, the Dispute Resolution Chamber started by acknowledging that the
player, born on 19 December 1983, was registered with the Claimant from 27
October 1993 until 24 July 2003 and from 3 August 2005 until 31 January 2006.
7.
Furthermore, the Chamber duly noted that the Claimant is requesting training
compensation from the Respondent in the amount of EUR 160,000 for the training
and education of the player incurred between the 1995/1996 season until the
2002/2003 season, i.e. the seasons comprehended between the player’s 12th and
19th birthday.
8.
In continuation, 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 registered for the first time as a professional, or
when a professional is transferred between two clubs of two different
Associations, before the end of the season of the player’s 23rd birthday.
9.
In view of the above, the members of the Chamber concluded that based on the
documents at disposal it can be established that the player, born on 19 December
1983, was registered with the Respondent on 26 July 2006 for the first time as a
professional, i.e. before the end of the season of his 23rd birthday, and thus, the
Claimant is entitled to receive training compensation from the Respondent.
10.
As a result, and considering the above points II. 6. and II. 8. as well as art. 3 par. 1
of Annex 4 of the Regulations, which stipulates that the amount payable is
calculated on a pro rata basis according to the period of training that the player
spent with each club, the Chamber concluded that the effective period of time to
be considered in the matter at stake corresponds to the period between the
1995/1996 season and the 2002/2003 season.
11.
Turning its attention to the calculation of training compensation, the Chamber
referred to art. 5 par. 1 and 2 of Annex 4 of the Regulations, which stipulates that,
as a general rule, it is necessary to take the costs that would have been incurred by
the new club as if it had trained the player itself and thus it is calculated based on
the training costs of the new club multiplied by the number of years of training
with the former club. Furthermore, the Chamber pointed out that, according to
art. 5 par. 3 of Annex 4 of the Regulations, training costs for players incurred
between the seasons of their 12th and 15th birthday shall be based on the training
and education costs for category 4 clubs.
12.
In continuation, the Chamber took due note that, according to the information
provided by the Football Federation R, the Respondent was a category 3 club at
4
the time the player was registered for it on 26 July 2006. Moreover, the Chamber
took into account that the indicative training costs for a category 3 club and
member of a national association affiliated to the Union des Associations
Européennes de Football (UEFA) amount to EUR 30’000 per season. The Chamber
also took note that the training costs for a category 4 club and member of a
national association affiliated to UEFA amounts to EUR 10,000 per season (cf. FIFA
circular nr. 959 dated 16 March 2005).
13.
Consequently and taking into account all the above-mentioned elements, the
Dispute Resolution Chamber decided that the Claimant was entitled to receive
training compensation from the Respondent in an amount of EUR 160,000.
14.
Therefore, the Chamber decided that the Respondent was liable to pay to the
Claimant training compensation amounting to EUR 160,000 and, hence, the claim
of the Claimant F is accepted.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, F, is accepted.
2.
The Respondent, A, has to pay to the Claimant, F, the amount of EUR 160,000
within 30 days as from the date of notification of this decision.
3.
If the aforementioned sum is not paid within the aforementioned deadline, an
interest rate of 5% per year will apply as of expiry of the fixed time limit and the
present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee
so that the necessary disciplinary sanctions may be imposed.
4.
The Claimant, F, is directed to inform the Respondent, A, 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.
***
5
Note relating to the motivated decision (legal remedy):
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).
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
6