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
Mohamed Mecherara (Algeria), member
Rinaldo Martorelli (Brazil), member
on the claim presented by the club
B,
as “Claimant”
against the club
T,
as “Respondent”
regarding the training compensation related to the transfer of the player S
I.
Facts of the case
1.
According to the passport issued by the Football Association A (FAA), the player S
(hereinafter: the player) was born on 14 July 1985 and was registered with Club B
(hereinafter: B) as an amateur as from 27 February 2001 until 1 March 2006 and as
from 1 June 2006 until 6 February 2007, on which date an International Transfer
Certificate (ITC) was issued to the Football Federation C (FFC) in order to be
registered for his new club T.
2.
According to the information provided by FAA, the football sporting season in A
runs as follows: a) for amateurs (under 20 years of age) as from January until
December of the relevant year and b) for amateurs (more than 20 years of age)
and professionals as from 1 July until 30 June of the next year.
3.
On 1 December 2006, the player and T signed an employment contract valid as
from 1 January 2007 until 30 June 2009.
4.
The FFC informed FIFA that it had registered the player for its affiliated club T on
7 February 2007.
5.
On 15 June 2007, B through FAA submitted to FIFA a claim for training
compensation for the player against T, based on the change of the player’s status
from amateur to professional in accordance with the Annex 4 of the Regulations
for the Status and Transfer of Players (hereinafter: the Regulations).
6.
T alleged that B should not receive any training compensation because the player
was not under contract by the moment that was transferred to this club C and
that his transfer was arranged with a private company.
7.
B rejected T arguments and argued that is completely irrelevant that the player
was not under an employment contract at the moment of the transfer to C.
Training compensation is due even though the player was free in accordance with
Annex 4 of the Regulations. Moreover, B added that the fact that T negotiated
the transfer of the player with a private company is also irrelevant and against the
spirit of the Regulations.
8.
B (with an indicative amount of USD 50,000 per year) belongs to category 1,
Confederation. T (with an indicative amount of EUR 30,000) belong to category 3,
UEFA.
9.
B requests the Dispute Resolution Chamber to order T to pay training
compensation for the relevant player.
10.
T requests the Dispute Resolution Chamber to reject B claim for training
compensation.
II.
Considerations of the Dispute Resolution Chamber
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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 15 June 2007. Consequently, the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(edition 2005, 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 par. 2 in
combination with 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 in connection with the transfer of the
player S.
3.
Furthermore, and taking into consideration that the player was registered for his
new club, T, on 7 February 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 15
June 2007, the previous version of the cited regulations (edition 2005; 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 and started by
acknowledging that on 1 December 2006 the player and the club T, signed an
employment contract valid as from 1 January 2007 until 30 June 2009. Moreover,
the Chamber took note that based on the information provided by the FFC the
player was registered for T on 7 February 2007.
5.
In this respect, the members of the Chamber pointed out the content of the Annex
4, art. 2 par. 1 lit. i) of the Regulations which states that training compensation is
due when a player is registered for the first time as a professional before the end
of the season of his 23rd birthday, considering that the other prerequisites are
fulfilled.
6.
In this context, the members of the Chamber took note that from the content of
the players´ passport provided by the FAA all the period of time that the player
was registered for the club B was with amateur status. In addition, the Chamber
took note from the same players´ passport that the player signed his first
professional contract with T when he was 21 years old.
7.
In continuation, the Chamber focussed its attention to the allegations of the T and
took note that the latter deemed that B should not receive any training
compensation for two reasons: The first reason is that the player was not under a
professional contract at the moment he was transferred to T and the second
reason is that the relevant transfer was negotiated with a private company.
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8.
In this respect, the Chamber remarked the content of art. 20 of the Regulations
which states that, as a general rule, training compensation shall be paid to the
player’s training club(s) in 2 situations, either when a player signs a first
professional contract, or each time a professional is transferred until the end of
the season of his 23 birthday.
9.
Therefore, the Chamber concluded that the reasons alleged by the club T are
irrelevant.
10.
In this context, the Chamber pointed out that the club B deems that is entitled to
training compensation based on the fact that the player signed his first
professional contract with T. Consequently, the Chamber remarked that this fact
was corroborated with the documents and information submitted by both
associations namely FAA and SSC.
11.
In view of all the above, the Chamber concluded that the club B is entitled to
receive training compensation based on the art. 20 and Annex 4 of the
Regulations.
12.
The Chamber underlined that the amount due by the club T has to be calculated in
accordance with art. 5 and art. 6 of Annex 4 of the Regulations and with the
parameters provided by FIFA circular nr. 1085 dated 11 April 2007.
13.
Consequently and considering the period of time that the player was registered
with B and the category of T, the members of the Chamber decide that in view of
all the precedent considerations the club T has to pay to the club B the amount of
EUR 162,500 as training compensation for the player S.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, B, is accepted.
2.
The Respondent, T, has to pay to the Claimant the amount of EUR 162,500 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 expiring of the fixed time limit and
the present matter shall be submitted upon the party’s request to the FIFA´s
Disciplinary Committee for its consideration and decision.
4.
The Claimant is directed to inform the Respondent 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.
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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
Encl.
CAS directives
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