Training Compensation
Texto da decisão
REF TMS 13919
Decision of the
Dispute Resolution Chamber
passed on 16 February 2024
regarding solidarity contribution for the transfer
of the player AYOUB AYED
BY:
Mr. Clifford Hendel (USA), Single Judge of the Dispute Resolution
Chamber of the Football Tribunal
CLAIMANT:
Union Sportive Monastir, Tunisia
RESPONDENT:
Al Ahly Tripoli, Libya
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REF TMS 13919
I. FACTS OF THE CASE
Player:
AYOUB AYED
Date of birth:
4 January 2000
Player passport (s):
- issued by the Federation Tunisienne de Football (FTF):
Year
2012
Birthday Club(s)
th
12
Union Sportive
Registration dates
Status
01/01/12
30/06/12
Amateur
28/11/12
31/12/12
Amateur
01/01/13
30/06/13
Amateur
31/08/13
31/12/13
Amateur
01/01/14
30/06/14
Amateur
18/09/14
31/12/14
Amateur
01/01/15
30/06/15
Amateur
30/09/15
31/12/15
Amateur
01/01/16
30/06/16
Amateur
01/12/16
31/12/16
Amateur
01/01/17
30/06/17
Amateur
27/09/17
30/11/17
Amateur
Monastirienne
th
12
Union Sportive
Monastirienne
2013
th
13
Union Sportive
Monastirienne
th
13
Union Sportive
Monastirienne
2014
th
14
Union Sportive
Monastirienne
th
14
Union Sportive
Monastirienne
2015
th
15
Union Sportive
Monastirienne
th
15
Union Sportive
Monastirienne
2016
th
16
Union Sportive
Monastirienne
th
16
Union Sportive
Monastirienne
2017
th
17
Union Sportive
Monastirienne
th
17
Union Sportive
Monastirienne
Date of transfer: on 18 August 2022 from Etoile Sportive du Sahel (Tunisia) to Ahly Tripoli
(Libya)
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REF TMS 13919
Financial conditions:
- USD 150,000 due on 2 September 2022;
- USD 250,000 due on 30 October 2022; and
- 20% sell-on
Article 6 of the transfer agreement stipulated inter alia
transfert du joueur
les frais de
ne comprends pas le mécanisme de solidarité dû aux clubs qui ont contribué
.
Claimant club:
Union Sportive Monastir (Tunisia)
Respondent club: Ahly Tripoli (Libya)
Claim and Response:
1.
On 22 January 2024, the Claimant lodged the present claim and requested
50% of the due solidarity contribution, plus 5% interest p.a. as from the due date of
payment, regarding the education and training it provided to the player from his 12th
until his 18th birthday.
2.
The Respondent did not reply to the claim.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): July 2022
edition.
Procedural Rules Governing the Football Tribunal (Procedural Rules):
March 2023 edition.
Jurisdiction:
Yes, uncontested
Decision:
1.
The Claimant requested the payment of solidarity contribution resulting from the
transfer of the player to the Respondent.
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REF TMS 13919
2.
Art. 1 par. 1 of Annexe 5 of the RSTP stipulates that if a professional moves during the
course of a contract, 5% of any compensation, not including training compensation paid
to his former club, shall be deducted from the total amount of this compensation and
distributed by the new club as a solidarity contribution to the club(s) involved in his
training and education over the years. This solidarity contribution reflects the number
of years (calculated pro rata if less than one year) he was registered with the relevant
club(s) between the calendar years of his 12th and 23rd birthdays.
3.
It is uncontested that, as per the FTF player passport, the player was registered with the
Claimant for:
a. 216 days on his 12th birthday, between 1 January and 30 June 2012, and from 28
November until 31 December 2012;
b. 304 days on his 13th birthday, between 1 January and 30 June 2013, and from 31
August until 31 December 2013;
c. 286 days on his 14th birthday, between 1 January and 30 June 2014, and from 18
September until 31 December 2014;
d. 274 days on his 15th birthday, between 1 January and 30 June 2015, and from 30
September until 31 December 2015;
e. 213 days on his 16th birthday, between 1 January and 30 June 2016, and from 1
December until 31 December 2016; and
f.
277 days on his 17th birthday, between 1 January and 30 June 2017, and from 27
September until 30 November 2017.
4.
Based on the above, and in accordance with art. 1, par. 1 of Annexe 5 RSTP, the Claimant
shall be entitled to receive 28.19% of any solidarity contribution generated by the
transfer of the player, corresponding to:
a. 2.95% of any due solidarity contribution for the training and education provided
th
birthday;
b. 4.16% of any due solidarity contribution for the training and education provided
to the player during the 304 days of the calendar year of
th
birthday;
c. 3.92% of any due solidarity contribution for the training and education provided
to the player during the 286 days of the calendar year of
th
birthday;
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REF TMS 13919
d. 3.75% of any due solidarity contribution for the training and education provided
th
to the player during the 274 days of the calendar year of
birthday;
e. 5.82% of any due solidarity contribution for the training and education provided
16th
to the player during the 213 days
birthday; and
f.
7.59% of any due solidarity contribution for the training and education provided
17th
to the player during the 277 days
birthday.
5.
In accordance with art. 2 par. 1 of Annexe 5 of the RSTP, the new club of a player shall
pay the solidarity contribution to the training club(s) no later than 30 days after the
payments.
6.
The transfer agreement determines the payments of USD 150,000 on 2 September 2022,
USD 250,000 on 30 October 2022 and 20% sell-on over a future transfer of the player.
7.
Therefore, in accordance with art. 2, par. 1 of Annexe 5 RSTP, solidarity contribution
should have been distributed to the training clubs by the Respondent until 2 October
2022 for the first instalment and until 30 November 2022 for the second one.
8.
It is undisputed that the Respondent did not pay to the Claimant its portion of the due
solidarity contribution generated by the payment of the transfer fee.
9.
Furthermore, article 6 of the transfer agreement stipulated inter alia that the
les frais de transfert du joueur
ne comprends pas le mécanisme de
solidarité dû aux clubs qui ont contribué à la formation du joueur .
10.
According to article 6 of the transfer agreement, the amounts agreed did not include
solidarity contribution. As such, the instalments of USD 150,000 and USD 250,000
correspond to 95% of the transfer fee.
11.
Consequently, 5% is to be added to each of them. Therefore, the amounts to be taken
into account to calculate the solidarity contribution due to the Claimant are USD
157,894.74, i.e. USD 150,000 x 100 / 95, and USD 263,157.89, i.e. USD 250,000 x 100 / 95.
12.
Thus, in the matter at hand, the Claimant is entitled to receive its proportion of the due
solidarity contribution for the training and education provided to the player during the
period of time as established on point II/4. above.
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REF TMS 13919
13.
In view of the above, the Claimant is to receive as solidarity contribution:
a. USD 2,225.53 over the first instalment of the transfer fee; and
b. USD 3,709.21 over the second instalment of the transfer fee.
14.
In addition, the Claimant requested the payment of interest over the claimed amount at
the rate of 5% p.a. as of the due date.
15.
-established
jurisprudence of the DRC with regard to interest, the Claimant is entitled to receive
interest of 5% p.a. over the amount payable as solidarity contribution as of the 31st day
after the date set for the payment of the first and second instalments, respectively 30
October 2022 and 30 November 2022
16.
In view of all the above, the claim of the Claimant is partially accepted and the Claimant
is entitled to receive USD 5,934.74 of solidarity contribution as follows:
a. USD 2,225.53 plus 5% interest p.a. as from 30 October 2022; and
b. USD 3,709.21 plus 5% interest p.a. as from 30 November 2022.
17.
Art. 25 par. 2 of the Procedural Rules stipulates that costs in the maximum amount of
USD 25,000 are levied in connection with proceedings before the DRC of the Football
Tribunal relating to disputes regarding training compensation and the solidarity
mechanism. Costs are
the proceedings (art. 25 par. 5 of the Procedural Rules).
18.
The amount claimed in the present dispute is below USD 49,999.99. Therefore,
procedural costs levied in this respect shall not exceed USD 5,000 (cf. art. 2 of Annexe 1
of the Procedural Rules).
19.
Taking into account the above, procedural costs in the amount of USD 3,000 are to be
paid by the parties as follows:
20.
-
USD 1,200 by the Claimant ; and
-
USD 1,800 by the Respondent.
The relevant provisions of art. 24 of the RSTP are applicable to the present matter.
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REF TMS 13919
III. DECISION
1. The claim of the Claimant, Union Sportive Monastir, is partially accepted.
2. The Respondent, Ahly Tripoli, has to pay to the Claimant the amount of USD 5,934.74 as
solidarity contribution as follows:
-
USD 2,225.53 plus 5% interest p.a. as from 30 October 2022; and
-
USD 3,709.21 plus 5% interest p.a. as from 30 November 2022
3. Any further claim of the Claimant is rejected.
4. Full payment (including all applicable interest) shall be made to the bank account
indicated in the enclosed Bank Account Registration Form.
5. Pursuant to article 24 of the Regulations on the Status and Transfer of Players if full
payment (including all applicable interest) is not paid within 45 days of notification of
this decision, 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. The maximum duration of the
ban shall be of three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary
Committee in the event that full payment (including all applicable interest) is still
not paid by the end of the of the three entire and consecutive registration periods.
6. The consequences shall only be enforced at the request of the Claimant in
accordance with article 24 paragraphs 7 and 8 and article 25 of the Regulations on the
Status and Transfer of Players.
7. The final costs of the proceedings in the amount of USD 3,000.00 are to be paid to FIFA
reference to case no. TMS 13919 (cf. note relating to the payment of the procedural costs
below) as follows:
-
the amount of USD 1,200 shall be paid by the Claimant; and
the amount of USD 1,800 shall be paid by the Respondent.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF TMS 13919
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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