Training Compensation
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 14 September 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Theo van Seggelen (Netherlands), member
Gerardo Movilla (Spain), member
Rinaldo Martorelli (Brazil), member
Joaquim Evangelista (Portugal), member
Philippe Diallo (France), member
Ivan Gazidis (U.S.A.), member
Zola Malvern Percival Majavu (South Africa), member
Essa M. Saleh Al-Housani (U.A.E.), member
on the claim presented by the club,
X,
as “Claimant”
against the club,
Y,
as “Respondent”
regarding training compensation in connection with the player Z.
I.
Facts of the case
1.
The player, Z, was born on 18 July 1984.
2.
According to the player passport issued by the Football Association of X the player
was registered as a professional with X (hereinafter also referred to as the Claimant)
as from 31 January 2005 until 25 August 2005. According to the same document for
the period from 26 August 2005 until 12 January 2006 no record was found relating
to the player in question.
3.
The relevant International Transfer Certificate issued by the Football Association of X
on behalf of the Football Federation of Y on 13 January 2006 indicates X as the
player’s former club.
4.
X has been allocated club category 2.
5.
On 18 January 2006, the player was registered with Y (hereinafter also referred to as
the Respondent).
6.
Y has been allocated club category 3.
7.
On 18 September 2006, X lodged a claim in front of FIFA against Y for training
compensation to the amount of EUR 35,000 on the basis of art. 20 and Annex 4 of the
Regulations for the Status and Transfer of Players.
8.
Y, for its part, confirms having signed an employment contract with the player in
question and points out that during the contractual negotiations the player and his
manager had guaranteed that all rights to training compensation had been paid off
and that Y would thus not have any obligation to pay such training compensation.
9.
Y points out that the player’s sporting career was set out in two different official
declarations (carrying the same reference number) issued by the regional Football
Association of X and that one of these does not match with the certificate issued by
the Football Association of X.
10.
For these reasons, Y rejects the claim put forward by X.
2
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Chamber analysed whether it was competent to deal with the matter at
stake. In this respect, it referred to art. 18 par. 2 and 3 of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber. The
present matter was submitted to FIFA on 18 September 2006, as a consequence the
Chamber concluded that the revised Rules Governing Procedures (edition 2005) on
matters pending before the decision making bodies of FIFA are applicable to the
matter at hand.
2.
With regard to the competence of the Chamber, art. 3 par. 1 of the above-mentioned
Rules states that the Dispute Resolution Chamber shall examine its jurisdiction in the
light of articles 22 to 24 of the current version of the Regulations for the Status and
Transfer of Players (edition 2005). In accordance with art. 24 par. 1 in combination with
art. 22 (d) of the aforementioned Regulations, the Dispute Resolution Chamber shall
adjudicate on disputes between two clubs belonging to different Associations related
to training compensation.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to decide on
the present litigation concerning the training compensation claimed by the Claimant
for the training and education of the player Z.
4.
Subsequently, the members of the Chamber analyzed which edition of the Regulations
for the Status and Transfer of Players should be applicable as to the substance of the
matter. In this respect, the Chamber referred to art. 26 par. 1 and 2 of the Regulations
for the Status and Transfer of Players (edition 2005) in the modified version in
accordance with the FIFA circular no. 995 dated 23 September 2005. Furthermore, it
acknowledged that the professional had been registered for his new club on 18
January 2006. Equally the Chamber took note that the claim was lodged at FIFA on 18
September 2006. In view of the aforementioned, the Chamber concluded that the
current FIFA Regulations for the Status and Transfer of Players (edition 2005, hereafter:
the Regulations) are applicable to the case at hand as to the substance.
5.
In continuation, and entering into the substance of the matter, the members of the
Chamber started by acknowledging that Y and the player in question signed an
employment contract and that, subsequently, the player was registered as a
professional with Y on 18 January 2006.
6.
Furthermore, the members of the Chamber took into account that from the
documentation at its disposal it can be noted that X is the last club with which the
player in question was registered prior to his transfer to the Respondent.
7.
X claims that it is entitled to receive compensation for the training and education of
the player in question to the amount of EUR 35,000.
3
8.
The Respondent, Y, however, denies that training compensation would be due to X in
the light of the fact that during the contractual negotiations the player and his
manager had guaranteed that all rights to training compensation had been paid off.
Moreover, it points out that one of declarations issued by the regional football
association of X in respect of the player’s career history does not match with the
certificate issued by the Football Association of X.
9.
In this respect, the Chamber considered any such statement by the player and/or his
manager, evidence of which has not been produced by the Respondent, as irrelevant
and, more importantly, not legally binding on the Claimant even if pertinent evidence
would have been made available.
10.
Furthermore, with regard to the aforementioned declarations issued by the regional
football association of X, the Chamber pointed out that the only valid document to be
taken into consideration is the player passport (cf. article 7 of the Regulations) or
written statement issued by the member association, i.e. the Football Association of X.
Consequently, the Respondent’s argument in this context was considered invalid.
11.
The Chamber then turned to art. 20 and annex 4 of the Regulations which stipulate,
inter alia, that training compensation shall be paid to a player’s training club on each
transfer of a professional between clubs of two different associations until the end of
the season of his 23rd birthday for training incurred up to the age of 21.
12.
The members of the Chamber recalled that the player was born on 18 July 1984 and
that he was registered with X as from 31 January 2005 until 25 August 2005 according
to the player passport issued by the Football Association of X.
13.
On account of all of the above-mentioned considerations, the Chamber concurred that
X is entitled to receive training compensation from Y for the time the player was
effectively trained by the Claimant up to the season of the player’s 21st birthday in
accordance with the aforementioned art. 20 and annex 4 of the Regulations as well as
FIFA circular nr. 959 dated 16 March 2005.
14.
The amount due by Y has to be calculated in accordance with art. 5 par. 2 of annex 4 of
the Regulations and with the parameters provided by FIFA circular nr. 959 dated 16
March 2005, i.e. with an amount corresponding to EUR 30,000 per year of training
(corresponding to club category 3 of the European Football Confederation).
15.
Consequently, taking into account the above-mentioned elements, the Claimant is
entitled to receive training compensation from the Respondent to the amount of EUR
17,500.
4
16.
Therefore, the Chamber decided that the Respondent is liable to pay to the Claimant
training compensation amounting to EUR 17,500.
*****
5
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, X, is partially accepted.
2.
The Respondent, Y, has to pay the amount of EUR 17,500 to the Claimant within 30
days as from the date of notification of this decision.
3.
If the sum of EUR 17,500 is not paid by Y within the aforementioned time limit, an
interest rate of 5% per year will apply as of expiry of the said time limit and the
matter shall be reported to the FIFA Disciplinary Committee for its consideration and
decision.
4.
Any further claim of the Claimant is rejected.
5.
The Claimant is directed to inform the Respondent immediately of the account
number to which the remittance is to be made and to notify the Dispute Resolution
Chamber of every payment received.
6.
According to art. 61 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:
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:
Markus Kattner
Deputy General Secretary
Enclosed: CAS directives
6