Training Compensation
Texto da decisão
TMS 7319
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 26 February 2021,
regarding training compensation for the player John Anderson Souza Fonseca
BY:
Stefano Sartori (Italy), Single Judge of the sub-committee of the Dispute
Resolution Chamber
CLAIMANT:
Barcelona Esportivo Capela, Brazil
RESPONDENT:
FC Voluntari, Romania
Page 2 of 8
TMS 7319
I. FACTS OF THE CASE
Player:
John Anderson Souza Fonseca
Date of birth:
3 May 1997
Player passport:
issued by the Confederação Brasileira de Futebol (CBF) on 19 November 2020
Year
2009 to 2016
Status
-
Basis
-
Country
-
Period
From 01 Jan to 17 May
2016 to 2016
2016 to 2017
2017 to 2019
Amateur
Professional
Professional
Permanent
Permanent
Loan
Brazil
Brazil
Portugal
From 18 May to 20 Sep
From 21 Sep to 27 Aug
From 28 Aug to 30 Jun
2019 to 2019
2019 to 2019
2019 to 2020
Professional
Professional
-
Permanent
Permanent
-
Brazil
Brasil
-
From 01 Jul to 09 Aug
From 10 Aug to 10 Aug
From 11 Aug to 12 Oct
2020 to 2024
Professional
Permanent
Romania
From 13 Oct to 31 Dec
Club(s)
NO RECORD
FOUND
Barcelona
Barcelona
Leixoes Sport
Clube
Barcelona
Barcelona
NO RECORD
FOUND
FC Voluntari
Sporting season:
1 January to 31 December (Brazil)
Date of transfer:
14 October 2020, Barcelona Esportivo Capela (Brazil) to FC Voluntari (Romania)
Claimant club:
Barcelona Esportivo Capela (Brazil)
Respondent club:
FC Voluntari (Romania)
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1.
On 1 December 2020, the Claimant claimed the payment of EUR 38,300 as training
compensation from the Respondent on the basis of the subsequent registration as a professional
of the player with the Respondent, plus 5% per annum interest.
2.
On 19 December 2021, the FIFA administration submitted a proposal to the parties suggesting
that the Respondent should pay to the Claimant the sum of EUR 38,383.57 as training
compensation, plus 5% interest per annum “as of the due date”.
3.
The proposal was accepted by the Claimant and rejected by the Respondent.
4.
The Respondent rejected the proposal alleging that the player had been transferred to its club
after the end of the season of his 23rd birthday.
Page 3 of 8
TMS 7319
5.
Referring to the provisions of art. 20 and Annexe 4 of the Regulations on the Status and Transfer
of Players (RSTP), the Respondent pointed out that the training compensation is only payable
“until the end of the competitive year in which the player turns 23 years old”. In this context,
the Respondent highlighted that “[t]he competitive year in which the player turned 23 is
2019/2020, a competitive year that ended on 05.08.2020 in the context of the COVID 19
pandemic”.
6.
In this context, the Respondent further added that “the player signed the contract with [the
Respondent] on 14.10.2020, the date when he was already started a new competitive year,
respectively the competitive year 2020/2021 which started on 21.08.2020”.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): October 2020 edition.
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (Procedural Rules): February 2021 edition.
Jurisdiction:
Yes, uncontested.
Admissible:
Yes, uncontested.
Decision:
7.
The claim of the Claimant is based on the subsequent transfer of the player as a professional
from the Claimant to the Respondent.
8.
It is uncontested that the player was registered as a professional with the Respondent on 14
October 2020.
9.
The Respondent rejected the Claimant’s claim alleging that the player had been transferred to
its club after the end of the season of his 23rd birthday.
10.
In accordance with art. 1 par. 1 of Annex 4 of the RSTP, in combination with art. 2 of Annex 4
of the RSTP, training compensation is payable, as a general rule, for training incurred between
the ages of 12 and 21 when the player concerned is registered for the first time as a professional,
or when a professional is transferred between two clubs of two different associations, before
the end of the season of his 23rd birthday.
11.
In accordance with the Dispute Resolution Chamber’s constant jurisprudence, it is the duration
of the season of the training club which is of relevance for the calculation of training
compensation. In this context, the amount payable is calculated on a pro rata basis according to
the period of training that the player spent with the training club(s) (cf. art. 3 par. 1 sentence 2
Page 4 of 8
TMS 7319
of Annex 4 of the RSTP), in accordance with the season of the association to which the training
club is affiliated.
12.
On the one hand, it is to be emphasized that the football season in Brazil followed (and still
follows) the calendar year, i.e. it lasted (and still lasts) from 1 January until 31 December of each
year.
13.
On the other hand, the player in question was born on 3 May 1997 and registered with the
Respondent as a professional on 14 October 2020.
14.
As such, considering that the season of the player’s 23rd birthday started on 1 January 2020 and
ended on 31 December 2020, the 2020 season was therefore the season of the player’s 23rd
birthday. As a result, at the time the player was registered with the Respondent, the season of
the player’s 23rd birthday had not yet ended and, consequently, the Respondent is liable to pay
training compensation to the Claimant for the training of the player.
15.
As such, the Respondent’s argument shall be rejected.
16.
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 14 October 2020.
17.
It is uncontested that the player was registered with the Claimant as from 18 May 2016 until 27
August 2017, i.e. 228 days during the season of the player’s 19th birthday and 239 days during
the season of the player’s 20th birthday.
18.
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.
19.
The training category to be taken into consideration when calculating training compensation is
the one of the new club, in casu the Respondent, at the time it registers the player with it.
20.
Hence, the training category of the Respondent on 14 October 2020 is the one that has to be
taken into consideration, i.e. training category III (UEFA indicative amount of EUR 30,000 per
year).
21.
Art. 3 par. 1 of Annexe 4 of the RSTP stipulates that the amount payable of training
compensation is calculated on a pro rata basis according to the period of training that the player
spent with each club.
22.
Taking into consideration all the above, training compensation is due to the Claimant for the
period the player was registered with it, i.e. as from 18 May 2016 until 27 August 2017. For the
calculation, the following is taken into account:
- 2016 season (season of the player’s 19th birthday): 228 days; and
- 2017 season (season of the player’s 20th birthday): 239 days.
Page 5 of 8
TMS 7319
23.
The training costs are calculated, on a pro-rata basis, as follows:
- 2016 season - on the basis of a category III club, i.e. for UEFA, EUR 30,000 per year
(cf. art. 5 par. 2 of Annexe 4 of the RSTP); and
- 2017 season - on the basis of a category III club, i.e. for UEFA, EUR 30,000 per year
(cf. art. 5 par. 2 of Annexe 4 of the RSTP).
24.
Consequently, the Claimant is in principle entitled to receive EUR 38,383.57 for the training and
education provided to the player during the course of the seasons of his 19th and 20th birthday.
25.
Nevertheless, and in accordance with the legal principle of non ultra petita, considering that the
Claimant limited its claim to EUR 38,300, the latter is entitled to receive the sum of EUR 38,300
as training compensation from the Respondent.
26.
Furthermore, the Claimant requested to be awarded interest amounting to 5% per annum.
27.
Taking into consideration the Claimant’s claim as well as art. 3 par. 2 of Annexe 4 of the RSTP,
the Respondent has to pay, in conformity with the longstanding practice of the Dispute
Resolution Chamber, interest of 5% p.a. over the amount payable as training compensation as
of 31 days after the registration of the player with it, i.e. one day after the amount was due, in
casu as from 14 November 2020 until the date of effective payment.
28.
In view of all the above, the claim of the Claimant is accepted and the Claimant is entitled to
receive EUR 38,300 as training compensation, plus 5% interest p.a. on that amount, as from
14 November 2020 until the date of effective payment.
29.
Consequently, the claim of the Claimant is accepted.
30.
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).
31.
Article 24 bis RSTP is applicable.
Page 6 of 8
TMS 7319
DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Barcelona Esportivo Capela, is accepted.
2.
The Respondent, FC Voluntari, shall pay to the Claimant:
-
EUR 38,300 as training compensation, plus 5% interest per annum on that amount as from
14 November 2020, until the date of effective payment.
3.
The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount (including all applicable interest).
4.
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).
5.
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.
6.
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 Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
Page 7 of 8
TMS 7319
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
Page 8 of 8