Training Compensation
Texto da decisão
TMS 7886
Decision of the Single Judge of the
sub-committee of the
Dispute Resolution Chamber
passed on 10 May 2021
regarding training compensation in relation with the registration of the player Paolo
Andres ALCOCER with Club Bolivar (Bolivia)
BY:
Stefano La Porta (Italy), Single Judge of the sub-committee of the DRC
CLAIMANT:
WESTON FC, USA
RESPONDENT:
CLUB BOLIVAR, Bolivia
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TMS 7886
I. FACTS OF THE CASE
Player:
Paolo Andres ALCOCER
Date of birth:
3 September 2000
Player passport:
First player passport issued by the United States Football Federation (USSF) on
17 January 2019
Season / Birthday
Not indicated
Not indicated
Not indicated
Not indicated
Not indicated
Club(s)
Jacksonville FC
SC United Battery
Orlando City SC Academy
Charlotte Soccer Academy
Weston FC
Registration dates
2013 – 2014
2014 – 2016
2016 – 2017
2017 - 2018
2018 - 2019
Status
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Second player passport issued by the USSF on 22 April 2021
Season
13/14
14/15
Birthday
12th
13th
15/16
16/17
14th
15th
17/18
16th
18/19
17th
19/20
18th
Club(s)
Weston FC
Weston FC
SC United Battery
SC United Battery
SC United Battery
Orlando City SC Academy
Charlotte Soccer Academy
Jacksonville FC
Jacksonville FC
Charlotte Soccer Academy
Charlotte Soccer Academy
Weston FC
Weston FC
Registration dates
01/01/13 – 31/08/14
01/09/14 – 30/09/14
01/10/14 - 31/08/15
01/09/15 – 31/08/16
01/09/16 – 30/11/16
01/12/16 – 30/03/17
01/04/17 – 30/06/17
01/07/17 - 31/08/17
01/09/17 – 31/12/17
01/01/18 – 31/08/18
01/09/18 – 30/11/18
01/12/18 – 31/08/19
01/09/19 – 31/12/19
Sporting season:
1 September to 31 August (USA)
Claimant club:
Weston FC (USA)
Respondent club:
Club Bolivar (Bolivia)
CONMEBOL, category III (USD 10,000 per year)
Status
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
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TMS 7886
Claim and Response:
1.
On 25 February 2021, the Claimant via the USSF requested USD 10,000 as training
compensation “plus 5% p.a. interest as of the due date, until the date of effective payment”.
The Claimant is basing his claim on the alleged first registration of the player as a professional
with the Respondent “in February 2019”.
2.
In this respect, the Claimant argued that it was “evident” from the first player passport that the
player was continuously registered with it for the entirety of his 18th birthday season. i.e. as from
1 September 2018 until 31 August 2019.
3.
In its calculation, the Claimant took into consideration the amount set for category III clubs in
CONMEBOL, i.e. USD 10,000 per year.
4.
In addition to the Claimant’s claim, the USSF provided a document issued on 14 October 2020
by the USSF in which the following is stated:
“As we have advised FIFA in the past, by order of the Unites States District Court for the District
of Massachusetts, USSF cannot ‘impose, implement or enforce, in any way, those rules, statutes
or regulations adopted by the Federation Internationale de Football Association relating to the
payment of transfer fees or training and development fees for professional soccer players who
are free of contractual obligations to other teams (“out of contract players”).
While USSF wants to work with FIFA to comply in every way possible with its regulations, at this
time, USSF cannot implement or enforce FIFA’s rules pertaining to training compensation. Thus,
we feel it would be most appropriate to set the training compensation amounts for all U.S. clubs
at zero and the club category at four (4).”
5.
The Respondent did not reply to the claim.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): June 2018 edition
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (Procedural Rules): January 2021 edition
Jurisdiction:
Yes, uncontested
Admissibility:
Yes, uncontested
Decision:
1.
The claim of the Claimant is based on the allegation that the player would have been registered
for the first time as a professional with the Respondent which in February 2019.
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TMS 7886
2.
In accordance with the information included in TMS, the player registered with the Bolivian club
CD Guabira on 17 January 2019 as a professional for the first time (cf. art. 6 par. 3 of Annexe 3
RSTP).
3.
The Claimant did not provide any evidence that would permit to establish that the player was
registered for the first time with the Respondent and not with CD Guabira.
4.
In accordance with art. 3 par. 1 and 2 of Annexe 4 of the RSTP, training compensation is to be
paid by the new club of a player 30 days following the registration of that player with the new
association to the club(s) that have participated in his training and education.
5.
The club with which the player was registered for the first time as professional is CD Guabira
and not the Respondent.
6.
Because the player did not register as a professional for the first time with the Respondent, the
claim of the Claimant is rejected.
7.
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).
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TMS 7886
III. DECISION
1.
The claim of the Claimant, Weston FC, is rejected.
2.
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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TMS 7886
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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