Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 28 July 2005,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Jean-Marie Philips (Belgium), Member
Philippe Diallo (France), Member
Gerardo Movilla (Spain), Member
Philippe Piat (France), Member
on the claim presented by
Club A,
as Claimant
against
Club B
as Respondent
regarding Training Compensation for the player X.
I.
Facts of the case
1.
The player X, born in February 1983, signed a non-amateur contract with the
club B on 22 July 2004.
2.
The club A, that contributed to the training of the player in question, has lodged
a claim for training compensation as described in chapter VII of the FIFA
Regulations for the Status and Transfer of Players, edition September 2001
(hereinafter; the Regulations).
3.
The player X was registered with the club A from 1 September 2003 to 30 June
2004, at his age of 20 and 21.
4.
According to the classification of clubs outlined in circular 826 dated 31 October
2002, the club A belongs to category 2 (indicative amount of EUR 60,000 per
year).
5.
Since the player spent only ten months with the club A, the claimant specifies its
claim against the club B for the training Compensation for the player X to the
amount of EUR 50,000.
6.
The club B never provided FIFA with its position towards the claim of the club A.
7.
The Dispute Resolution Chamber is invited to determine the amount owed by
the club B to the club A.
II.
Considerations of the Dispute Resolution Chamber
1.
The members of the Dispute Resolution Chamber were summoned to pass a
decision on the present matter by the Chairman pursuant to Art. 1 point 6) of
the Rules Governing the Practice and Procedures of the Dispute Resolution
Chamber.
2.
The Dispute Resolution Chamber of the FIFA Players’ Status Committee shall
review disputes coming under its jurisdiction pursuant to Art. 42 of the
Regulations, at the request of one of the parties to the dispute.
3.
In accordance with Art. 42.1 lit. (b) (iv) of the Regulations, it falls within the
purview of the Dispute Resolution Chamber to review disputes concerning
training compensation fees.
4.
Consequently, the Dispute Resolution Chamber is the competent body to decide
on the present claim for training compensation.
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Training Compensation for the player X
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5.
Entering into the substance of the matter, the Chamber outlined that the
training period to take into consideration went from 1 September 2003 to 30
June 2004, at the player’s age of 20 and 21. Furthermore, the chamber took into
consideration that the player concluded his first non-amateur contract at the age
of 21, with the club B.
6.
Continuing, the Chamber stated that, as established in Chapter VII of the
Regulations, the training compensation is payable for training incurred between
the ages of 12 and 21, if the player concerned concludes a non-amateur contract
before the age of 23.
7.
It is therefore undisputed that the club A is entitled to receive compensation
from the club B for the training and education of the player X for the sporting
season 2003/04, which the player spent with this club.
8.
The amount due by the club B is to be calculated in accordance with the
Regulations and the FIFA Circular letter no. 826 dated 31 October 2002. As far as
the categorisation of the club A is concerned, as provided for by the Circular
letter 826, it belongs to the Category 2. According to the mentioned Circular
letter, the indicative amount for the club A, belonging to Category 2, is EUR
60,000 per year of training.
9.
As a result to the above, the Chamber stated that for the year of training of the
player X, the club A would be entitled to training compensation in the amount
of EUR 60,000. In this regard, the Chamber took note however of the fact that
the club A in its claim submitted to the FIFA Dispute Resolution Chamber only
asked for the amount of EUR 50,000.
10.
In consequence, and with respect to the principle ultra petitum, the Chamber
stated that it is not in a position to grant to the claimant, the club A, the amount
of EUR 60,000, but only the amount of EUR 50,000, i.e. the amount which the
club A actually claimed for from the club B for the training of the player X.
11.
In view of the above, the Chamber decided that the club B has to pay to the club
A EUR 50,000 for the training of the player X.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the club A is accepted.
2.
The club B has to pay the amount of EUR 50,000 to the club A.
3.
The amount due to the club A has to be paid by the club B within the next 30
days as from the date of notification of this decision.
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Training Compensation for the player X
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4.
If the aforementioned sum is not paid within the aforementioned deadline, the
present matter shall be submitted to FIFA’s Disciplinary Committee, so that the
necessary disciplinary sanctions may be imposed.
5.
If the aforementioned sum is not paid within the aforementioned deadline, an
interest rate of 5% per year will apply as from the first day after the
aforementioned deadline.
6.
The club A is directed to inform the club B immediately of the account number
to which the remittance is to be made and to notify the Dispute Resolution
Chamber of every payment received.
7.
According to art. 60 par. 1 of the FIFA Statutes this decision may be appealed
before the Court of Arbitration for Sport (CAS). The statement of appeal must be
sent to the CAS directly within 10 days of receiving notification of this decision
and has to contain all elements in accordance with point 2 of the directives
issued by the CAS, copy of which we enclose hereto. Within another 10 days
following the expiry of the time limit for the filing of the statement of appeal,
the appellant shall file with the CAS a brief stating the facts and legal arguments
giving rise to the appeal (cf. point 4 of the directives). The full address and
contact numbers of the CAS are the following:
Château de Béthusy
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00, Fax: +41 21 613 50 01
[email protected], www.tas-cas.org
For the
Dispute Resolution Chamber:
Dr. Urs Linsi
General Secretary
Encl. CAS directives
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Training Compensation for the player X
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