Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 6 August 2009,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Piat (France), member
Carlos Soto (Chile), member
Caio Cesar Vieira Rocha (Brazil), member
Essa Saleh Al Housani (United Arab Emirates), member
on a matter between the club
I,
as Claimant
and the club
F,
as Respondent
regarding a training compensation dispute related to
the transfer of the player S.
I.
Facts of the case
1.
The Football Confederation B confirmed that the player S (hereinafter: the player),
born on 1 July 1984, was registered as a professional for its affiliated club I
(hereinafter: the Claimant), from 1 October to 31 December 2001, from 1 January
to 31 December 2002, from 1 January to 31 December 2003, from 1 January to 11
April 2004, from 1 January to 16 January and from 1 June to 31 December 2005,
from 1 January to 4 January and from 31 May to 31 December 2006.
2.
During the period comprehended between 12 April and 31 December 2004,
between 17 January and 31 May 2005 and between 5 January and 30 May 2006
the player was on loan with other B clubs, respectively, club C and club P. The
Claimant is not claiming training compensation for the periods during which the
player was on loan with the other mentioned B clubs.
3.
The football season in B follows the calendar year.
4.
The Football Federation G confirmed that the player was registered with the club
F (hereinafter: the Respondent) as a professional player on 9 February 2007 and
that the said club F belonged to category II (indicative amount within UEFA of EUR
60,000 per year) during the season 2006/2007.
5.
On 8 December 2008, the Claimant contacted FIFA asking for its proportion of
training compensation from the Respondent. The Claimant is claiming the amount
of EUR 189,534 plus 5% interest per year as from the date the payment should
have been made.
6.
On 17 March 2009 and after that FIFA informed the Respondent about the claim
lodged against it by the Claimant, the Respondent requested an extension of the
deadline granted by FIFA to submit its position. To date, no response or position
from the Respondent has been received.
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, the Chamber first referred to art. 21
par. 1 and 2 of the Rules Governing the Procedures of the Players’ Status
Committee and the Dispute Resolution Chamber (edition 2008; hereinafter:
Procedural Rules). The present matter was submitted to FIFA on 8 December 2008,
thus after the aforementioned Procedural Rules entered into force on 1 July 2008.
Therefore, the Dispute Resolution Chamber concluded that the 2008 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 and par. 2 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 8 December 2008 and that
the player was registered for the Respondent on 9 February 2007. In view of the
aforementioned, the Dispute Resolution Chamber concluded that 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. The members
of the Chamber started by acknowledging the facts of the case as well as the
documentation contained in the file.
5.
In this respect, the Chamber recalled that the player, born on 1 July 1984, was
registered as a professional for the Claimant from 1 October 2001 to 11 April 2004,
from 1 January to 16 January 2005, from 1 June 2005 to 4 January 2006 and from
31 May to 31 December 2006. Equally, the Chamber took due note that during the
period comprehended between 12 April and 31 December 2004, between 17
January and 31 May 2005 and between 5 January and 30 May 2006 the player was
on loan with other B clubs, respectively, club C and club P.
6.
In continuation, the Dispute Resolution Chamber duly noted that, on the one
hand, the Claimant is requesting training compensation for the training and
education of the player incurred between 1 October 2001 and 11 April 2004,
between 1 January and 16 January 2005 and between 1 June and 31 December
2005, i.e. the seasons comprehended between the player’s 17th and 21st birthday, in
an amount of EUR 189,534, as well as the payment of 5% interest per year since
the date the payment should have been made.
7.
On the other hand, the Chamber took due note that the Respondent never took
position in the dispute, despite having been asked to do so by the FIFA
administration. In this way the Respondent renounced to its right to defence and
accepts the allegations of the Claimant.
8.
The Chamber acknowledge that the Football Federation G confirmed that the
Respondent was a category II club at the time the player was registered as a
professional for it on 9 February 2007. Consequently, the Chamber took into
account that the indicative training costs for a category II club and member of a
national association affiliated to the Union des Associations Européennes de
Football (UEFA) amount to EUR 60,000.
9.
In continuation, the Chamber stated that, as established in art. 1 par. 1 of Annexe
4 in combination with art. 2 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.
10.
In view of the above, the Chamber concluded that based on the documents at
disposal it can be established that the professional player in question, born on 1
July 1984, was registered with the Claimant from 1 October 2001 to 11 April 2004,
from 1 January to 16 January 2005, from 1 June 2005 to 4 January 2006 and from
31 May to 31 December 2006 and transferred to the Respondent in February 2007,
i.e. before the end of the season of the player’s 23 birthday.
11.
On account of the foregoing, the Chamber concluded that the Claimant was
entitled to receive training compensation from the Respondent.
12.
As a result and considering the aforementioned points II. 6. and II. 9. as well as art.
3 par. 1 of Annexe 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 Dispute Resolution Chamber concluded that the effective
period of time to be considered in the matter at stake corresponds to the period
comprehended between 1 October 2001 and 11 April 2004, between 1 January
and 16 January 2005 and between 1 June and 31 December 2005.
13.
Turning its attention to the calculation of training compensation, the Chamber
referred to art. 5 par. 1 and 2 of Annexe 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 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.
14.
In this respect, the Chamber took due note that according to the information at
disposal the Respondent belonged to category II in the season 2006/2007
(indicative amount within UEFA EUR 60,000 per year).
15.
Equally, the Chamber emphasized that according to art. 3 par. 2 of the Annexe 4
of the Regulations, the deadline for payment of training compensation is 30 days
following the registration of the professional with the new association.
16.
Consequently and taking into account all the above-mentioned elements, the
Dispute Resolution Chamber decided that the Claimant is entitled to receive
training compensation from the Respondent in an amount of EUR 189,534, with
5% interest per year on the said amount as from 11 March 2007 until the effective
date of payment.
17.
In continuation, the Chamber referred to art. 18 par. 1 of the Procedural Rules,
according to which in the proceedings before the Dispute Resolution Chamber
relating to disputes regarding training compensation costs in the maximum
amount of 25,000 are levied. The costs are to be borne in consideration of the
parties’ degree of success in the proceedings.
18.
In this respect, the Chamber reiterated that the claim of the Claimant is accepted.
Therefore, the Respondent has to bear the costs of the current proceedings in
front of FIFA.
19.
According to Annexe A of the Procedural Rules, the costs of the proceedings are
to be levied on the basis of the amount in dispute.
20.
The amount in dispute to be taken into consideration in the present proceedings
amounts to EUR 189,534 related to the claim of the Claimant. Therefore, the
Chamber concluded that the maximum amount of costs of the proceedings
corresponds to 25,000 (cf. table in Annexe A).
21.
Considering that the case at hand allowed to be dealt with following a reasonable
procedure, that the present case did not show particular factual difficulty and that
it did not involve specific legal complexity, Chamber determined the final amount
of costs of the current proceedings to the amount of 7,000.
22.
In this respect, the Chamber took into account that the Claimant had paid the
advance of costs in the amount of 5,000 in accordance with art. 17 of the
Procedural Rules.
23.
In view of all of the above, the Chamber concluded that the amount of 7,000 has
to be paid by the Respondent to cover the costs of the present proceedings.
Thereof the amount of 2,000 has to be paid by the Respondent to FIFA and the
amount of 5,000 to the Claimant.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, I, is accepted.
2.
The Respondent, F, has to pay to the Claimant, I, the amount of EUR 189,534, as
well as 5 % interest per year on the said amount as from 11 March 2007 until the
date of effective payment, within 30 days as from the date of notification of this
decision.
3.
If the aforementioned sum is not paid within the aforementioned deadline the
present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee
so that the necessary disciplinary sanctions may be imposed.
4.
The final amount of costs of the proceedings in the amount of 7,000 are to be paid
by the Respondent, F, within 30 days of notification of the present decision as
follows:
4.1
The amount of CHF 2,000 to FIFA to the following bank account with
reference to case no.
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
4.2
5.
The amount of 5,000 to the Claimant, I.
The Claimant, I, is directed to inform the Respondent, F, immediately and directly
of the account number to which the remittance in accordance with the above
point 2. and 4.2 are to be made and to notify the Dispute Resolution Chamber of
every payment received.
*****
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