Training Compensation
Texto da decisão
TMS 7478
Decision of the Single Judge of the
sub-committee of the
Dispute Resolution Chamber
passed on 10 February 2021,
regarding training compensation for the player Mahamadou BA
BY:
S tefano La Porta (Italy), Single Judge of the sub-committee of the DRC
CLAIMANT:
STADE MALIEN DE SIKASSO, Mali
RESPONDENT:
BUYUKSEHIR BELEDIYE ERZURUMSPOR, Turkey
Page 2 of 9
TMS 7478
I. FACTS OF THE CASE
Player:
Mahamadou Ba
Date of birth:
21 September 1999
Player passport:
issued by the Fédération Malienne de Football (FMF) on 3 November 2020
Season
Birthday Club
Registration
Status
11/12
12th
Stade Malien de Sikasso
n/a
Amateur (Permanent)
12/13
13th
Stade Malien de Sikasso
n/a
Amateur (Permanent)
13/14
14th
Stade Malien de Sikasso
n/a
Amateur (Permanent)
14/15
15th
Stade Malien de Sikasso
n/a
Amateur (Permanent)
15/16
16th
Stade Malien de Sikasso
n/a
Amateur (Permanent)
16/17
17th
Stade Malien de Sikasso
n/a
Amateur (Permanent)
In this document, the FMF stated that the player was continuously registered
with Stade Malien de Sikasso as from 1 October 2011 until 30 July 2016
Sporting season:
1 October until 30 July (Mali)
Date of transfer:
24 January 2019, registration with Buyuksehir Belediye Erzurumspor (Turkey) as
professional
Claimant club:
Stade Malien de Sikasso (Mali)
Respondent club:
Buyuksehir Belediye Erzurumspor (Turkey)
UEFA, category II (EUR 60,000 per year)
Claim and Response:
1.
On 23 December 2020, the Claimant requested EUR 150’000 as training compensation for the
first registration of the player as professional with the Respondent, for the time spent by the
player with it between his 12th birthday season until his 17th birthday season plus 5% interest
“as of the due date”.
2.
The Claimant based its calculation of the assumption that the player was registered with it up
until 30 July 2017.
Page 3 of 9
TMS 7478
3.
On 6 January 2021, 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 103,068.49 to
the Claimant.
4.
The parties were given the following deadlines, as per art. 13 of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution:
a. To either accept or reject the proposal within 15 days of notification, i.e. by 21 January
2021 at the latest;
b. In case of rejection of the proposal by the Respondent, said party was granted an
addition 5 days to provide with its argumentation, i.e. by 26 January 2021 at the latest;
and
c. In case of rejection of the proposal by the Respondent and should a valid request be
received by 26 January 2021, the Respondent was granted up until 5 February 2021 at
the latest to provide its argumentation (deadline automatically extended).
5.
The Claimant did not respond to the proposal.
6.
On 21 January 2021, the Respondent rejected the proposal and requested an extension of the
deadline to reply by 5 February 2021.
7.
The Respondent did not upload any further documentation in TMS on or before 5 February
2021.
8.
Nevertheless, the Respondent sent its answer by email on 5 February 2021.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): October 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 basing its claim on the player’s first professional registration in the sense of art.
20 and Annexe 4 RSTP with the Respondent.
2.
The Respondent rejected the proposal of the FIFA administration.
Page 4 of 9
TMS 7478
3.
The reasons of the rejection were provided by email only.
4.
Art. 7 par. 1 of Annexe 6 RSTP stipulates that in disputes related to training compensation, the
respondent shall have 20 days from the date on which the claim is sent via TMS in which to
upload its responding statement.
5.
The FIFA administration notified the Respondent of the Claimant’s claim on 6 January 2021.
6.
The Respondent rejected the claim on 21 January 2021 and requested a deadline extension to
reply up until 5 February 2021.
7.
The deadline was automatically extended.
8.
The Respondent did not upload its answer in TMS nor any other documents on or before 5
February 2021.
9.
Taking into account art. 7 par. 1 of Annexe 6 RSTP, the statement of the Respondent received
via email cannot be taken into account to assess the present matter and a decision has to be
taken on the basis of the documentation on file.
10.
It is uncontested that the player registered as a professional with the Respondent on 24 January
2019.
11.
It also remained uncontested that the player’s registration with the Respondent corresponded
to his first registration as a professional and occurred before the end of the season of his 23rd
birthday.
12.
According to art. 1 and art. 2 par. 1 lit. i) of Annexe 4 RTSP in combination with art. 3 par. 1 of
Annexe 4 RSTP, training compensation is in principle payable by the club registering the player
as professional for the first time to all the clubs where the player was registered as from the
beginning of the season of the player’s 12th birthday up until the end of the season of his 21st
birthday. Training costs are based on the training category of the registering club.
13.
In accordance with art. 3 par. 1 of Annexe 4 RSTP the training and education of a player is based
on its effective dates of registration with his former club(s) in accordance with the player’s career
history as provided in the player passport.
14.
It is established through the player passport provided by the FMF on 3 November 2020 that the
player was continuously registered as an amateur with the Claimant as from 1 October 2011
until 30 July 2016.
15.
The FMF football season starts on 1 October and ends on 30 July, and as such does not last for
12 months.
Page 5 of 9
TMS 7478
16.
Training compensation is in general calculated either (1) based on the number of years of training
and education given by the previous training clubs multiplied by the training costs of the new
club in the context of a first registration as a professional; or (2) based on the training costs of
the new club multiplied by the number of years of training with the former club in the context
of the subsequent registration of the professional player (cf. art. 5 par. 2 of Annexe 4 RSTP).
17.
As a general rule, for the purpose of training compensation, the entire 12-month period of the
year is taken into account. As a result, in the context of the present dispute, the football seasons
in Mali is extended to a 12-month format, starting on 1 July and ending on 30 June.
18.
Thus, it is considered that the player was registered with the Claimant during:
a. 274 days of the season of his 12th birthday, i.e. from 1 October 2011 until 30 June
2012;
b. The entire season of his 13th birthday, i.e. from 1 July 2012 to 30 June 2013;
c. The entire season of his 14th birthday, i.e. from 1 July 2013 to 30 June 2014;
d. The entire season of his 15th birthday, i.e. from 1 July 2014 to 30 June 2015;
e. The entire season of his 16th birthday, i.e. from 1 July 2015 to 30 June 2016; and
f. 29 days of his 17th birthday, i.e. from 1 July 2016 to 30 July 2016.
19.
As per art. 5 par. 2 of Annexe 4 RSTP, the first time a player registers as a professional, the
training compensation payable is calculated by taking the training costs of the new club
multiplied by the number of years of training, in principle from the season of the player’s 12th
birthday to the season of his 21st birthday.
20.
The Respondent was classified as training category II when registering the player as a
professional, i.e. training costs of EUR 60,000 per year.
21.
Art. 5 par. 3 of Annexe 4 RSTP foresees that the training costs for players for the seasons
between their 12th and 15th birthdays (i.e. four seasons) shall be based on the training and
education costs of category 4 clubs.
22.
The training costs for category IV clubs within UEFA are set at EUR 10,000 per year.
23.
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.
24.
Therefore, the Claimant is entitled to receive EUR 103,068.49 as training compensation,
corresponding to:
a. EUR 8,301.37 for the training and education provided to the player during the course
of the season of his 12th birthday;
b. EUR 10,000 for the training and education provided to the player during the course of
the season of his 13th birthday;
Page 6 of 9
TMS 7478
c. EUR 10,000 for the training and education provided to the player during the course of
the season of his 14th birthday;
d. EUR 10,000 for the training and education provided to the player during the course of
the season of his 15th birthday;
e. EUR 60,000 for the training and education provided to the player during the course of
the season of his 16th birthday; and
f. EUR 4,767.12 for the training and education provided to the player during the course
of the season of his 17th birthday.
25.
The Claimant requested the award of interest rate of 5% per annum as per the due date.
26.
In this respect, the well-established jurisprudence of the DRC applies interests as from the first
overdue day for the payment of training compensation.
27.
The player was registered with the Respondent on 24 January 2019. 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 February 2019.
28.
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 February 2019.
29.
The interest rate of 5% per annum on EUR 103,068.49 shall apply until the date of effective
payment of the outstanding training compensation and its applicable interest.
30.
In view of all the above, the claim of the Claimant is partially accepted and the Claimant shall
receive EUR 103,068.49 as training compensation, plus 5% interest p.a. on that amount, as
from 23 February 2019 until the date of effective payment.
31.
Any further claims lodged by the Claimant are rejected.
32.
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).
33.
Art. 24bis RSTP applies.
Page 7 of 9
TMS 7478
III. DECISION
1.
The claim of the Claimant, Stade Malien de Sikasso, is partially accepted.
2.
The Respondent, Buyuksehir Belediye Erzurumspor, shall pay to the Claimant:
-
EUR 103,068.49 as training compensation, plus 5% interest per annum on that amount as
from 23 February 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
Page 8 of 9
TMS 7478
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