Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 10 August 2011,
in the following composition:
Geoff Thompson (England), Chairman
Philippe Piat (France), member
Jon Newman (USA), member
Theodoros Giannikos (Greece), member
Thilina Panditaratne (Sri Lanka), member
on the claim presented by the club,
S,
as Claimant
against the club
N,
as Respondent
regarding training compensation in connection with
the transfer of the player M
I.
Facts of the case
1.
The Football Association B (FAB) confirmed that the player M (hereinafter: the
player), born on 19 May 1990, was registered with its affiliated club S
(hereinafter: the Claimant) as from 9 May 2005 until 31 July 2007 as an
amateur and as from 1 August 2007 until 31 December 2009 as a professional.
The player passport also indicated that the player’s registration with the
Claimant was interrupted between 9 October 2008 and 1 February 2009 when
the player was registered with a third club on loan.
2.
The football season in country B lasts from 1 January to 31 December.
3.
The Football Association C(FAC) confirmed that the player was registered with
its affiliated club N (hereinafter: the Respondent), on 17 March 2010. The
Football Association C also confirmed that the Respondent belonged to the
club category III at the time the player was registered with the Respondent.
4.
On 14 October 2010, the Claimant contacted FIFA claiming training
compensation from the Respondent on the basis that the player was
transferred to a club belonging to a different association before the end of the
season of his 23rd birthday. In particular, the Claimant is requesting USD
38,202.73 plus interest at the rate of 5% p.a. as from the date when the due
amount became outstanding i.e. as from 26 February 2010 until the date of its
effective payment.
5.
In spite of having been invited by FIFA to provide its position regarding the
claim, the Respondent never responded to the claim lodged against it,
although it was informed that, in absence of a reply, a decision would be
taken on the basis of the documents on file.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as the
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 14
October 2010. Consequently, the 2008 edition of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber (hereinafter: the Procedural Rules) is applicable to the matter at
hand (cf. art. 21 par. 2 and par. 3 of the Procedural Rules).
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2.
Subsequently, 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 2010) the Dispute
Resolution Chamber is competent to deal with the matter at stake relating to
training compensation between clubs belonging to different associations.
3.
Furthermore, and taking into consideration that the player was registered with
the Respondent on 17 March 2010, 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 2010) and considering that the
present claim was lodged on 14 October 2010, the 2009 edition of the
Regulations on 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. The
members of the Chamber started by acknowledging the above-mentioned
facts of the case as well as the documentation on file.
5.
In this respect, the Chamber recalled that the player, born on 19 May 1990,
was registered with the Claimant as an amateur as from 9 May 2005 until 31
July 2007 and as a professional as from 1 August 2007 until 31 December 2009,
as well as that the registration was interrupted between 9 October 2008 and 1
February 2009 when the player was registered with a third club on loan.
6.
Furthermore, the Chamber acknowledged that the season in country B, during
the period of registration of the player with the Claimant, ran from 1 January
until 31 December and that the player was registered by the Football
Association C with the Respondent on 17 March 2010.
7.
Moreover, the Chamber duly noted that the Claimant asserted that it was
entitled to receive the amount of USD 38,202.73 from the Respondent as
training compensation, since the player was transferred between clubs
belonging to different associations before the end of the season of the
player’s 23rd birthday.
8.
Equally, the Chamber noted that the Respondent, in spite of having been
invited to do so, failed to present its response to the claim of the Claimant. In
this way, the Respondent renounced its right to defence and, thus, accepted
the allegations of the Claimant.
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9.
As a consequence of the aforementioned consideration, the Chamber stated
that, in accordance with art. 9 par. 3 of the Procedural Rules, it shall take a
decision upon the basis of the documents already on file, in other words, upon
the statements and documents presented by the Claimant as well as upon the
information provided by the FAC.
10.
Furthermore, and hereby referring to the rules applicable to training
compensation, the Chamber stated that, as established in art. 20 of the
Regulations in combination with art. 1 par. 1 and art. 2 par 1. lit. ii. of Annexe
4 of the Regulations, training compensation is payable, as a general rule, for
training incurred between the ages of 12 and 21 when a professional is
transferred between clubs of two different associations, before the end of the
season of the player’s 23rd birthday.
11.
Moreover, the Chamber also recalled that in accordance with art. 3 par. 1 of
Annexe 4 of the Regulations, the new club with which the player is registered,
is responsible to pay training compensation.
12.
In continuation, the Chamber observed that it was undisputed that the player,
who was a professional, was transferred to a club belonging to a different
association, i.e. the Respondent, before the end of the season of his 23rd
birthday. In view of the foregoing, the Chamber decided that the Respondent
is liable to pay training compensation to the Claimant in accordance with art.
20 and Annexe 4 of the Regulations.
13.
Turning its attention to the calculation of training compensation, the Chamber
referred to art. 5 par. 1 and 2 of Annexe 4 to the Regulations, which stipulates
that, as a general rule, to calculate the training compensation due to a player’s
former club, it is necessary to take the costs that would have been incurred by
the new club if it had trained the player itself. Furthermore, the Chamber
referred to art. 5 par. 3 of Annexe 4 of the Regulations which, inter alia,
stipulates that: “To ensure that training compensation for very young players
is not set at unreasonably high levels, the training costs for players for the
seasons between their 12th and 15th birthdays (i.e. four seasons) shall be based
on training and education costs of category 4 clubs”.
14.
In addition, the Chamber duly noted that, according to the documentation on
file, it could be established that the player had been registered with the
Respondent on 17 March 2010, that the Respondent belonged to the category
III and that the player, born on 19 May 1990, was registered with the Claimant
as from 9 May 2005 until 9 October 2008 as well as from 1 February 2009 until
31 December 2009.
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15.
As a result, taking into consideration all the above, the Chamber decided that
the Respondent is liable to pay the amount of USD 38,000 to the Claimant for
the training and education of the player.
16.
Moreover, taking into account the Claimant’s claim as well as art. 3 par. 2 of
Annexe 4 of the Regulations, the Chamber decided that the Respondent has to
pay interest at 5% p.a. over the amount payable as training compensation as
of the 31st day of the registration of the player with the Respondent, i.e. as
from 17 April 2010, until the date of effective payment.
17.
The Chamber concluded its deliberations as to the substance of the case by
rejecting any further claims of the Claimant.
18.
Lastly, the Chamber referred to art. 25 par. 2 of the Regulations in conjunction
with art. 18 par. 1 of the Procedural Rules, according to which, in proceedings
before the DRC relating to disputes regarding training compensation and the
solidarity mechanism, costs in the maximum amount of CHF 25’000 are levied.
The relevant provision further states that the costs are to be borne in
consideration of the parties’ degree of success in the proceedings and that, in
accordance with Annex A of the Procedural Rules, the costs of the proceedings
are to be levied on the basis of the amount in dispute.
19.
In respect of the above, the Chamber held that the amount to be taken into
consideration in the present proceedings is USD 38,202.73 related to the claim
of the Claimant. Consequently, the Chamber concluded that the maximum
amount of costs of the proceedings corresponds to CHF 5,000 (cf. table in
Annex A).
20.
As a result, and taking into account that the Claimant is the successful party in
the proceeding, the Chamber concluded that the Respondent has to bear the
costs of the current proceedings in front of FIFA.
21.
Considering that the case at hand did not compose any complex factual or
legal issues, the Chamber determined the costs of the current proceedings to
the amount of CHF 4,000.
III.
Decision of the Dispute Resolution Chamber
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1.
The claim of the Claimant, S, is partially accepted.
2.
The Respondent, N, has to pay to the Claimant, S, the amount of USD 38,000,
plus an interest of 5% p.a. on the said amount as from 17 April 2010 until the
date of effective payment, within 30 days as from the date of notification of
this decision.
3.
Any further claims lodged by the Claimant, S, are rejected.
4.
If the aforementioned sum, plus interest, is not paid within the abovementioned deadline, the present matter shall be submitted, upon request, to
FIFA’s Disciplinary Committee for consideration and a formal decision.
5.
The Claimant, S, is directed to inform the Respondent, N, 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.
6.
The costs of the proceedings in the amount of CHF 4,000 are to be paid by the
Respondent, N, within 30 days of notification of the present decision to FIFA
to the following bank account with reference to case nr.:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
*****
Note relating to the motivated decision (legal remedy):
According to article 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
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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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