Training Compensation
Texto da decisão
REF TMS 11530
Decision of the
Dispute Resolution Chamber
passed on 10 November 2022
regarding training compensation in relation with the registration of the
player WILFRIED BISSOO’O
BY:
Philippe Diallo (France)
CLAIMANT:
POUMIE FC DE MFOUNDI, Cameroon
RESPONDENT:
Croissant Sportif Chebba, Tunisia
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REF TMS 11530
I. FACTS OF THE CASE
Player:
WILFRIED BISSOO’O
Date of birth:
7 January 2003
Player passport:
issued by the Fédération Camerounaise de Football (FECAFOOT) on 7
March 2022:
Season Birthday Club(s)
Registration dates
Status
19/20
24/06/19 – 30/06/20
Amateur (permanent)
03/07/20 – 30/06/21
Amateur (permanent)
17th
POUMIE FC DE
MFOUNDI
20/21
18th
POUMIE FC DE
MFOUNDI
Date of registration:
27 September 2021, from POUMIE FC DE MFOUNDI (Cameroon) to
Croissant Sportif Chebba (Tunisia) as professional (out of contract)
The player signed an employment contract with Croissant Sportif Chebba
valid as from 1 September 2021 until 30 June 2026, and according to
which the player would inter alia receive a monthly remuneration of
Tunisian Dinars (TND) 700.
Claimant club:
POUMIE FC DE MFOUNDI (Cameroon)
Respondent club:
Croissant Sportif Chebba (Tunisia)
CAF, category III (USD 10,000 per year)
Claim and Response:
1.
On 18 October 2022, the Claimant lodged the present claim and requested EUR 20,000
as training compensation for the first registration of the player as a professional with
the Respondent, plus “5 % interest p.a. as of the due date”.
2.
On 20 October 2022, the FIFA general secretariat submitted a proposal to the parties by
means of which it suggested that the Respondent shall pay the Claimant the amount of
USD 20,164.38 as training compensation plus 5% interest per annum as from 28 October
2021 until the date of effective payment.
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REF TMS 11530
3.
The Claimant accepted de facto the proposal.
4.
On 9 November 2022 the Respondent rejected the proposal sustaining that 1) the
calculation method of the training compensation in the proposal was unclear and
appeared a bit high, and 2) upon signing the player, the latter committed to the
Respondent to pay any training compensation claimed by one of his former training
clubs.
5.
In this respect, the Respondent submitted inter alia a document dated 14 September
2021, on the Respondent’s letterhead, signed by the player and by means of which the
latter indicates that it will personally pay any training compensation potentially claimed
by a previous training club.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): August 2021
edition
Procedural Rules Governing the Football Tribunal (Procedural Rules):
October 2022 edition
Decision:
1.
The claim of the Claimant is based on the first registration of the player as a professional
with the Respondent.
2.
It remained uncontested that according to the FECAFOOT player passport of reference,
the player was always registered as an amateur in Cameroon.
3.
Equally, it remained uncontested that the player has not been registered with any other
club prior to the Claimant.
4.
According to the said player passport, the player was registered with the Claimant as
follows:
- as from 24 June until 31 December 2019, i.e. during 191 days of the calendar year of
the player’s 16th birthday;
- as from 1 January until 30 June 2020 and as from 3 July until 31 December 2020, i.e.
during 364 days of the calendar year of the player’s 17th birthday; and
- as from 1 January until 30 June 2021, i.e. during 181 days of the calendar year of the
player’s 18th birthday.
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REF TMS 11530
5.
It is undisputed that the player registered as a professional with the Respondent on 27
September 2021, i.e. during the calendar year of his 18th birthday.
6.
Based on the above, it is established that said registration constituted the first
professional registration of the player as a professional since the beginning of his
training period.
7.
Art. 2 par. 1 lit. i) of Annexe 4 of the RSTP stipulates that training compensation is due
when a player is registered for the first time as a professional before the end of the
calendar year of his 23rd birthday.
8.
The Respondent rejected the proposal indicating inter alia that the player committed to
it to personally pay any training compensation potentially claimed by a previous training
club.
9.
Art. 3 par. 1 of Annexe 4 of the RSTP stipulates that on registering as a professional for
the first time, the club with which the player is registered is responsible for paying
training compensation within 30 days of registration to every club with which the player
has previously been registered (in accordance with the players’ career history as
provided in the player passport) and that has contributed to his training starting from
the calendar year of his 12th birthday.
10.
The document provided by the Respondent stipulates that in case a previous training
club potentially claims training compensation to the Respondent, the player commits to
pay such amount personally.
11.
The said document has been concluded between the Respondent and the player.
12.
According to the jurisprudence of the Dispute Resolution Chamber (DRC) the obligation
to pay training compensation cannot be shifted from the registering club to a third party.
13.
In other words, the said document does not anyhow impact the responsibility of the club
registering the player, i.e. the Respondent, to pay training compensation to the player’s
previous training clubs as per the contents of the aforementioned provision.
14.
As such, the argument of the Respondent shall not be accepted.
15.
Consequently, it is determined that the registration of the player with the Respondent
constituted a first professional registration in the sense of the RSTP.
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16.
As a consequence, training compensation is due to every club with which the player has
previously been registered (in accordance with the players’ career history as provided in
the player passport) and that has contributed to his training starting from the calendar
year of his 12th birthday, and on a pro rata basis if less than one year (cf. art. 3 par. 1 of
Annexe 4 of the RSTP).
17.
The player was registered with the Claimant as established in point II./4. above.
18.
In view of the above, training compensation is due to the Claimant.
19.
According to art. 3 par. 2 of Annexe 4 of the RSTP, the deadline for payment of training
compensation is 30 days following the registration of the professional with the new
association.
20.
The player registered with the Respondent on 27 September 2021.
21.
Thus, the Respondent had to pay any due training compensation by 27 October 2021.
22.
It is undisputed that to date, the Respondent did not pay training compensation to the
Claimant.
23.
In accordance with art. 5 par. 2 of Annexe 4 of the 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
calendar year of the player’s 12th birthday to the calendar year of his 21st birthday.
24.
The Respondent was classified under category III when it registered the player. The
yearly amount set for category III clubs in CAF corresponds to USD 10,000.
25.
In view of all the above, the Claimant is in principle entitled to receive training
compensation of USD 20,164.38, as follows:
- USD 5,232.88 for the training and education provided to the player during the 191 days
of the calendar year of his 16th birthday;
- USD 9,972.60 for the training and education provided to the player during the 364 days
of the calendar year of his 17th birthday; and
- USD 4,958.90 for the training and education provided to the player during the 181 days
of the calendar year of his 18th birthday.
26.
However, the Claimant limited its claim to EUR 20,000.
27.
As such and in line with the principle of non ultra petita, the Claimant shall be entitled to
USD 20,000 (=EUR 20,000 on the date of decision) as requested.
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28.
Taking into consideration the Claimant’s claim as well as art. 3 par. 2 of Annexe 4 RSTP,
the Respondent has to pay, in conformity with the longstanding practice of the DRC,
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. as from 28 October 2021, until the date of
effective payment.
29.
Consequently, the claim of the Claimant is accepted.
30.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of training rewards.
31.
The Claimant claimed the amount of USD 20,000.
32.
Thus, the amount claimed by the Claimant corresponds to an amount lower than USD
49,999. Therefore, procedural costs levied in this respect are set at a maximum of USD
5,000 (cf. art. 2 of Annexe 1 to the Procedural Rules).
33.
According to art. 25 par. 5 of the Procedural Rules, the chamber will decide the amount
that each party is due to pay, in consideration of the parties’ degree of success and their
conduct during the procedure, as well as any advance of costs paid. In exceptional
circumstances, the chamber may order that FIFA assumes all procedural costs.
34.
In view of the specific circumstances of the case, procedural costs shall be set at USD
2,000
35.
In view of the outcome of the claim, said costs shall be borne by the Respondent.
36.
Art. 24 of the RSTP is applicable.
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III. DECISION OF THE DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, POUMIE FC DE MFOUNDI, is accepted.
2. The Respondent, Croissant Sportif Chebba, shall pay to the Claimant USD 20,000 as
training compensation, plus 5% interest p.a. on that amount, as from 28 October 2021
until the date of effective payment.
3. Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
4. 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.
5. The consequences shall only be enforced at the request of the Claimant.
6. The final costs of the proceedings in the amount of USD 2,000 are to be paid by the
Respondent to FIFA with reference to case no. TMS 11530 (cf. note relating to the payment
of the procedural costs below).
For The Fotball Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF TMS 11530
NOTE RELATED TO THE APPEAL PROCEDURE:
Pursuant to article 57 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 17 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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