Training Compensation
Texto da decisão
REF TMS 7967
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 4 May 2021
regarding training compensation for the player BEKANTY VICTORIEN ANGBAN
BY:
Om ar Ongaro (Italy), Single Judge of the sub-committee of the
Dispute Resolution Chamber
CLAIMANT:
K. ST.-TRUIDENSE V.V., Belgium
RESPONDENT:
FC METZ, France
Page 2 of 9
REF TMS 7967
I. FACTS OF THE CASE
Player:
BEKANTY VICTORIEN ANGBAN
Date of birth:
29 September 1996
Player passports:
issued by:
a. The Football Assocation (The FA) on 2 August 2018;
b. The Union Royale Belge des Sociétés de Football-Association (URBSFA) on
17 November 2020 ; and
c. The Fédération Française de Football (FFF) at an unknown date
Season
15/16
16/17
Birthday Clubs
19th
Chelsea FC (England)
K. ST.-TRUIDENSE V.V.
(Belgium)
th
20
Chelsea FC (England)
Granada (Spain)
17/18
21st
18/19
22nd
Chelsea FC (England)
K.V. R.S. WAASLANDSK BEVEREN (Belgium)
Chelsea FC (England)
FC Metz (France)
Registration dates
01/07/15 – 26/07/15
27/07/15 – 30/06/16
05/07/16 – 19/07/16
21/07/16 – 30/06/17
01/07/17 – 09/08/17
10/08/17 – 30/06/18
01/07/18 – 26/07/18
27/08/18 - 30/06/19
Status
Professional (Permanent)
Professional (on loan from
Chelsea FC)
Professional (Permanent)
Professional (on loan from
Chelsea FC)
Professional (Permanent)
Professional (on loan from
Chelsea FC)
Professional (Permanent)
Professional (on loan from
Chelsea FC)
Sporting season:
1 July to 30 June (Belgium)
Date of transfer:
23 July 2019, from Chelsea FC (England) to FC Metz (France) as professional
Claimant club:
K. ST.-TRUIDENSE V.V. (Belgium)
UEFA, category II (EUR 60,000 per year)
Respondent club:
FC Metz (France)
UEFA, category I (EUR 90,000 per year)
Claim and Response:
1.
On 9 March 2021, the Claimant claimed training compensation of EUR 70,890.41 on the basis
of the subsequent registration as a professional of the player with the Respondent, plus 5 %
interest “as of the due date, until the date of effective payment”.
Page 3 of 9
REF TMS 7967
2.
In its calculations, the Claimant took into consideration the average between its category (i.e.
EUR 60,000) and the Respondent’s category at the moment of the player’s registration with it
(i.e. EUR 90,000), which it multiplied pro rata by the 345 days the player was registered with the
Claimant on loan from Chelsea FC.
3.
The Claimant is basing its claim on the jurisprudence developed by the DRC according to which
a club which had the player on loan from its parent club is in principle entitled to claim training
compensation from the player’s next club should the player be registered permanently as a
professional.
4.
On 12 March 2021, the FIFA administration submitted a proposal to the parties, informing them
that it was of the opinion that the Respondent should pay to the Claimant the amount of EUR
70,890.41 plus 5% interest per annum as from 23 August 2019 until the date of effective
payment.
5.
The Claimant accepted the proposal.
6.
On 1 April 2021, the Respondent rejected the claim of the Claimant.
7.
In this respect, the Respondent underlined that according to art. 3 par. 1 of Annexe 4 RSTP, in
case of a subsequent transfer of a professional, training compensation is only due to the former
club for the period during which it trained the payer.
8.
Since the player was registered with FC Metz on loan from Chelsea FC as from 26 July 2018
until 30 June 2019 and that he was subsequently registered permanently by the Respondent on
1 July 2019, the Respondent argued that in the present matter it shall be considered that FC
Metz was the former club in the sense of the RSTP as well as the new club.
9.
Alternatively, the Respondent argued that in the broader sense of the RSTP, only the player’s last
club in Belgium, K.V. R.S. WAASLAND-SK BEVEREN, could potentially be considered as the
former club, and not the Claimant.
10.
Based on the above, the Respondent concluded that no training compensation was due to the
Claimant.
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
Page 4 of 9
REF TMS 7967
Admissible:
Yes, uncontested
Decision:
1.
The claim of the Claimant is based on the subsequent transfer of the player as professional
between Chelsea FC and the Respondent.
2.
The Respondent held that no training compensation was due to the Claimant since it was not
the former club in the sense of the RSTP.
3.
It is uncontested that the player was registered with the Claimant as from 27 July 2015 until 30
June 2016, on loan from Chelsea FC.
4.
It is undisputed that the player subsequently and definitely transferred from Chelsea FC to the
Respondent as a professional on 23 July 2019, i.e. during the course of the season of the player’s
23rd birthday.
5.
As established by the jurisprudence of the DRC, when a player registers with a club affiliated to
a different member association (i.e. the new club, in casu the Respondent) from the one where
he was previously registered (i.e. the former club, in casu Chelsea FC), any club(s) that may have
had the player on loan from the player’s former club should be entitled to claim training
compensation from the new club (in casu the Claimant).
6.
In particular, it is considered that any loan(s) that took place during a player’s registration with
the former club did not interrupt the chain of entitlement of training compensation. In other
words, the period starting from the player’s original registration with the former club up until
his registration with the new club constitutes one timeframe, irrelevant of any loan(s) that may
have taken place during this period.
7.
Therefore, the Respondent’s allegations regarding the fact that the Claimant cannot be
considered as the player’s former club in the sense of the RSTP are rejected.
8.
As such, the Claimant is entitled to receive training compensation for the subsequent
professional registration of the player with the Respondent.
9.
In view of all the above, it is established that training compensation is due to the Claimant for
the period the player was registered with it during the course of his 19th birthday season, i.e. as
from 27 July 2015 until 30 June 2016, that is to say during 339 days, on loan from his former
club Chelsea FC.
10.
It remained uncontested that the Respondent did not pay to the Claimant the training
compensation due as a result of the subsequent transfer of the player to the Respondent.
Page 5 of 9
REF TMS 7967
11.
Art. 6 of Annexe 4 RSTP foresees special provisions regarding training compensation for clubs
that are located within the territory of the European Union (EU) and/ or the European Economic
Area (EEA).
12.
In casu, the Claimant is based in Belgium and the Respondent in France, both countries being
member of the EU and/or EEA at the time of the registration of the player with the Respondent
on 23 July 2019.
13.
Therefore, art. 6 of Annexe 4 RTSP is applicable to the matter at hand as lex specialis.
14.
Art. 6 par. 1 of Annexe 4 RSTP foresees that when a player moves from a lower to a higher
category club inside the territory of the EU/EEA, the calculation shall be based on the average
training costs of the two clubs.
15.
The Claimant was classified as UEFA training category II, i.e. EUR 60,000 per season.
16.
The Respondent was classified as UEFA training category I, i.e. 90,000 per season.
17.
As such, the amount to be taken into consideration in the case at hand is EUR 75,000 per season.
18.
Art. 3 par. 1 of Annexe 4 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.
19.
The Claimant is entitled to training compensation for the 339 days the player was registered
with it during the season of his 19th birthday (cf. point II.9 above).
20.
Therefore, the Claimant shall receive training compensation in the amount of EUR 69,657.53.
21.
The Claimant requested the award of interest rate of 5% per annum, “as per the due date”.
22.
In this respect, the well-established jurisprudence of the DRC applies interests as from the first
overdue day for the payment of training compensation.
23.
The player was registered with the Respondent on 10 September 2020. According to art. 3 par.
2 of Annexe 4 RSTP, training compensation was to be paid to the training club(s) 30 days after
said date, i.e. until 22 August 2019.
24.
As a result, the Claimant is entitled to receive 5% interests per annum as from the date at which
training compensation became overdue to the Claimant, that is to say as from 23 August 2019.
25.
The interest rate of 5% per annum on EUR 69,657.53 shall apply until the date of effective
payment of the outstanding training compensation and its applicable interest.
Page 6 of 9
REF TMS 7967
26.
In view of all the above, the claim of the Claimant is partially accepted and the Claimant shall
receive EUR 69,657.53 as training compensation, plus 5% interest p.a. on that amount, as from
23 August 2019 until the date of effective payment.
27.
Procedural costs in the maximum amount of CHF 25,000 may be levied for decisions passed by
the subcommittee of the DRC in disputes related to solidarity contribution (cf. art. 18 par. 1 of
the Procedural Rules).
28.
The amount claimed by the Claimant corresponds to EUR 70,890.41.
29.
Thus, it is determined that the costs of the current proceedings shall be valued at CHF 7,000.
30.
In view of the degree of success of the Claimant, the costs shall be borne in full by the
Respondent.
31.
Art. 24bis RSTP applies.
Page 7 of 9
REF TMS 7967
III. DECISION
1.
The claim of the Claimant, K. ST.-TRUIDENSE V.V., is partially accepted.
2.
The Respondent, FC Metz, shall pay to the Claimant EUR 69,657.53 as training compensation,
plus 5% interest per annum on that amount as from 23 August 2019, until the date of effective
payment.
3.
Any further claims lodged by the Claimant are rejected.
4.
Full payment shall be made to the bank account indicated in the enclosed Bank Account
Registration Form.
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 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. The final costs of the proceedings in the amount of CHF 7,000 are to be paid by the Respondent
to FIFA with reference to case no. TMS 7967 (cf. note relating to the payment of the procedural
costs below).
For the Single Judge of the sub-committee of the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
Page 8 of 9
REF TMS 7967
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 9 of 9