Training Compensation
Texto da decisão
TMS 6964
Decision of the Single Judge of the
sub-committee of the
Dispute Resolution Chamber
passed on 11 January 2021,
regarding training compensation in relation with the registration of the player Alessio
ABIBI with U.S. AVELLINO 1912 SRL (Italy)
BY:
Daan de Jong (Netherlands), Single Judge of the sub-committee of the
DRC
CLAIMANT:
FK TIRANA, Albania
RESPONDENT:
U.S. AVELLINO 1912 SRL, Italy
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I. FACTS OF THE CASE
Player:
Alessio ABIBI
Date of birth:
4 December 1996
Player passport:
issued by the Football Association of Albania (FSHF) on 23 May 2020
Season
Birthday
Club(s)
17/18
st
21
FK Tirana
28.09.2017-30.06.2018
Professional (Permanent)
18/19
19/20
22nd
23rd
FK Tirana
FK Tirana
01.07.2018-30.06.2019
01.07.2019-05.08.2019
Professional (Permanent)
Professional (Permanent)
Registration dates
Status
Sporting season:
1 July to 30 June (Portugal)
Date of transfer:
16 August 2019 from FK Tirana (Albania) to U.S. AVELLINO 1912 SRL (Italy) as
“out of contract – free of payment” professional player.
U.S. AVELLINO 1912 SRL indicated that the contract of the player with FK Tirana
had expired, and uploaded a “proof of last contract end date” in accordance
with which said contract had been mutually terminated on 5 August 2019
Claimant club:
FK Tirana (Albania)
Respondent club:
U.S. AVELLINO 1912 SRL (Italy)
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1.
On 14 October 2020, the Claimant requested EUR 55,562 as training compensation for the
subsequent registration of the player as professional with the Respondent, along with “interest
payment of 5% p.a. from 30 days after the transfer.”
2.
The Claimant did not explain its calculation.
3.
On 20 October 2020, the FIFA administration submitted a proposal to the parties, informing
them that it was of the opinion that the Respondent should pay the amount of EUR 22,684.93
to the Claimant.
4.
The Claimant accepted the proposal.
5.
On 12 October 2020, the Respondent rejected the proposal and the claim of the Claimant on
the basis of the following:
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a. The claim should be considered null and void because the Claimant did not put it in
default as per the provisions set out in art. 12bis RSTP;
b. The player cancelled his previous contract with the Claimant thus there was no transfer
and art. 20 RSTP does not apply;
c. The absence of evidence that the Claimant participated in the player’s training;
d. The situation that derived from the COVID-19 in Italy which had severe repercussions
on the sports industry, including on the Respondent’s finances, and led to the
cancellation of the Italian football season on 6 March 2020, shall be considered force
majeure; and
e. In the alternative, the Respondent requested “reduction to equity and/or the different
extent deemed to be justice also taking into account that the player was sold to Cavese
on January 31, 2020.”
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): June 2019 edition.
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (Procedural Rules): January 2021 edition.
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Decision:
1.
The Claimant is requesting training compensation on the basis of the subsequent registration of
the player as a professional with the Respondent.
2.
According to art. 1 and art. 2 par. 1 lit. ii) of Annexe 4 RTSP in combination with art. 3 par. 1 of
Annexe 4 RSTP, when a professional is transferred between clubs of two different associations
before the end of the season of his 23rd birthday, training compensation will only be owed to
his former club for the time he was effectively trained by that club up to the end of the season
of his 21st birthday.
3.
Art. 3 par. 1 of Annexe 4 RSTP stipulates that the training and education of a player is based on
the registration dates as indicated within the relevant player passport(s).
4.
Based on the player passport issued by the FSHF, the player was inter alia registered with the
Claimant for 276 days during the season of his 21st birthday.
5.
It is uncontested that the player was registered as a professional with the Respondent on 16
August 2019, that is to say during the course of the season of the player’s 23nd birthday.
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6.
Thus, the Claimant would in principle be entitled to receive training compensation for the
training and education it provided to the player during the above timeframe.
7.
Nevertheless, the Respondent is contesting the entitlement of the Claimant to receive training
compensation.
8.
To begin with, the Respondent argued that the Claimant had failed to put it in default as per
the provisions set out in art. 12bis RSTP.
9.
Art. 12bis RSTP is only applicable to contractual disputes between players and clubs, and/or
between clubs.
10.
The matter at hand is not based on such contractual dispute and therefore art. 12 bis RSTP is in
casu not applicable.
11.
The Respondent further argued that the player had mutually terminated his contract with the
Claimant.
12.
As per art. 2 par. 1 lit. ii) of Annexe 4 RSTP, training compensation is due when a professional is
transferred between clubs of two different associations (whether during or at the end of his
contract) before the end of the season of his 23rd birthday.
13.
According to art. 2 par. 2 lit. i) of Annexe 4 RSTP training compensation is not due when the
former club terminates the player’s contract without just cause (without prejudice to the rights
of the previous clubs).
14.
The contract between the Claimant and the player was mutually terminated. Hence, the
provisions of art. 2 par. 2 lit. i) of Annexe 4 RSTP do not apply.
15.
The Respondent also alleged that there no evidence was provided in support of the allegation
that the Claimant had participated in the player’s training.
16.
As per art. 3 par. 1 of Annexe 4 RSTP, the payment of training compensation is based on the
player’s effective dates of registration with the training club(s) as indicated within the relevant
player passport(s).
17.
It is undisputed that the player was registered with the Claimant for 276 days during the season
of his 21st birthday (cf. II. 4 above).
18.
Thus, the argumentation of the Respondent in this respect shall be dismissed.
19.
Additionally, the Respondent had rejected the claim on the basis of the impact that the COVID19 pandemic had on its finances and on Italian football in general.
20.
Art. 12 par.3 of the Procedural Rules stipulates that a party claiming a right on the basis of an
alleged fact shall carry the respective burden of proof.
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21.
The Respondent did not provide any evidence that would support its financial hardship
allegations.
22.
The Respondent’s alleged financial hardship cannot be considered a valid reason to not comply
with its obligations.
23.
As such, this argument shall be rejected.
24.
In view of all the above, training compensation is due to the Claimant for the subsequent
registration of the player as a professional with the Respondent on 16 August 2019.
25.
It is uncontested that the player was registered with the Claimant for 276 days during the season
of his 21st birthday.
26.
As per art. 5 par. 2 of Annexe 4 RSTP, in the case of subsequent transfers, training compensation
is calculated based on the training costs of the new club multiplied by the number of years of
training with the former club.
27.
The training costs for category III clubs within UEFA, such as the Respondent, are set at EUR
30,000 per year.
28.
Art. 3 par. 1 of Annexe 4 RSTP foresees that training compensation shall be calculated on a pro
rata basis for the time the player was effectively registered with the former club.
29.
Taking into account the time the player was registered with the Claimant as per point II. 25
above, the latter would be entitled to receive EUR 22,684.93 as training compensation for the
training and education provided to the player during the course of the season of his 21st birthday.
30.
The Respondent requested for the amount of training compensation payable to the Claimant to
be reduced arguing that the player had been transferred on 31 January 2020.
31.
According to art. 5 par. 4 of Annexe 4 RSTP, the Dispute Resolution Chamber may review
disputes concerning the amount of training compensation payable and shall have discretion to
adjust this amount if it is clearly disproportionate to the case under review.
32.
In such instance, the burden of proving that said amount is disproportionate lies with the party
invoking such provision, in casu the Respondent.
33.
The Respondent did not provide any evidence in support of its allegations, only declaring that
the player had been transferred to a third club in January 2020.
34.
Thus, this request should be dismissed (cf. art. 12 par. 3 of the Procedural Rules).
35.
In view of all the above, the Respondent has to pay training compensation to the Claimant for
the subsequent registration of the professional player with the former.
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36.
In view of all the above, the Respondent shall pay to the Claimant the amount of EUR 22,684.93
as training compensation for the subsequent registration of the payer as a professional with the
Respondent, for the training and education provided to the player by the Claimant during the
course of the season of his 21st birthday.
37.
In addition, taking into account the specific request of the Claimant as well as the wellestablished jurisprudence of the DRC with regard to interest, the Claimant is entitled to receive
interest at the rate of 5% p.a. on the amount of EUR 22,684.93 as of the day after it became
due, i.e. as from 16 September 2019 until the date of effective payment.
38.
In view of all the above, the claim of the Claimant is partially accepted and the Claimant shall
receive EUR 22,684.93 as training compensation, plus 5% interest p.a. on that amount, as from
16 September 2019 until the date of effective payment.
39.
Any further claim of the Claimant is rejected.
40.
No procedural costs are levied (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
41.
Art. 24bis RSTP applies.
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III. DECISION
1. The claim of the Claimant, FK Tirana, is partially accepted.
2. The Respondent, U.S. Avellino 1912 SRL, shall pay to the Claimant:
-
EUR 22,684.93 as training compensation, plus 5% interest per annum on that amount as
from 16 September 2019, until the date of effective payment.
3. Any further claim of the Claimant is rejected.
4. The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount (including all applicable interest).
5. The Respondent shall provide evidence of full payment to [email protected]. If applicable,
the evidence shall be translated into an official FIFA language (English, French, German, Spanish).
6. If the due amount (including all applicable interest) is not paid by the Respondent within 45 days
as from notification of the bank account details, the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid and for the maximum duration of three
entire and consecutive registration periods.
2. The ban will be lifted immediately, and prior to its complete serving, following confirmation
that the due amount (including all applicable interest) has been received by the Claimant.
3. In the event that the payable amount as per in this decision is still not paid by the end of
the ban of three entire and consecutive registration periods, the present matter shall be
submitted, upon request, to the FIFA Disciplinary Committee.
7. No procedural costs are payable (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
For the Single Judge of the sub-committee of the DRC:
Emilio García Silvero
Chief Legal & Compliance Officer
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NOTE RELATED TO THE APPEAL PROCEDURE:
Pursuant to article 58 paragraph 1 of the FIFA Statutes, this decision may be appealed before the Court
of Arbitration for Sport within 21 days of notification.
NOTE RELATED TO PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request of a party
within five days of the notification of the motivated decision, to publish an anonymised or a redacted
version (cf. article 20 of the Procedural Rules).
CONTACT INFORMATION:
Fédération Internationale de Football Association
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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