Training Compensation
Texto da decisão
TMS 11862
Decision of the
Dispute Resolution Chamber
passed on 19 December 2022
regarding training compensation in relation with the registration of the
player Carl BJÖRK
BY:
Stefano Sartori (Italy), member of the Dispute Resolution Chamber of the
Football Tribunal
CLAIMANT:
IF SYLVIA, Sweden
RESPONDENT:
BRONDBY, Denmark
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TMS 11862
I. FACTS OF THE CASE
Player:
Carl BJÖRK
Date of birth:
19 January 2000
Player passport:
issued by the Svenska Fotbollförbundet (SVFF)– relevant abstract below:
Year
2017
Birthday Club(s)
17th
IF Sylvia
2018
18th
IF Sylvia
2019
19th
IF Sylvia
Registration dates
05/08/17 – 31/12/17
01/01/18 - 22/02/18 and
30/03/18 – 31/12/18
01/01/19 – 28/01/19 and
30/03/19 – 29/07/19
Status
Professional (on loan from
IFK Norrköping)
Professional (on loan from
IFK Norrköping)
Professional (on loan from
IFK Norrköping)
Date of transfer:
31 January 2022, from IFK Norrköping (Sweden) to Brondby (Denmark) as
a professional
Claimant club:
IF Sylvia (Sweden)
UEFA, category IV (EUR 10,000 per year)
Respondent club:
Brondby (Denmark)
UEFA, category II (EUR 60,000 per year)
Claim and Response:
1.
On 22 November 2022, the Claimant requested EUR 60,315.07 as training compensation
plus 5% interest as from 31 days after the registration of the player with the Respondent
until payment. 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.
2.
On 24 November 2022, the FIFA administration submitted a proposal to the parties,
suggesting that the Respondent should pay to the Claimant training compensation of
EUR 60,315.07.
3.
On 30 November 2022, the Claimant accepted the proposal.
4.
On 6 December 2022, the Respondent rejected the proposal and the claim of the
Claimant.
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TMS 11862
5.
The Respondent is of the opinion that the transfer of the player from IFK Norrköping to
the Respondent consisted in a subsequent transfer of the professional player, and that
as such training compensation may only be due to the former club, i.e. IFK Norrköping.
6.
In addition, should training compensation be awarded to the Claimant, the Respondent
requested the interest to be applied as from the date of the decision of the DRC.
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
Jurisdiction:
Yes, uncontested
Admissibility:
Yes, uncontested
Decision:
1.
The claim of the Claimant is based on the subsequent registration of the player as a
professional with the Respondent.
2.
The Respondent considers that only the former club of the player, IFK Norrköping, is
entitled to training compensation.
3.
It is uncontested that the player was registered with the Claimant, on loan from IFK
Norrköping, as follows:
a. 2017: as from 5 August 2017 until 31 December 2017 (149 days of the year of
his 17th birthday);
b. 2018: as from 1 January 2018 until 22 February 2018 and as from 30 March 2018
until 31 December 2018 (330 days of the year of his 18th birthday); and
c. 2019: as from 1 January 2019 until 28 January 2019 and as form 30 March 2019
until 29 July 2019 (150 days of the year of his 19th birthday);
4.
It is undisputed that the player subsequently and definitely transferred from IFK
Norrköping to the Respondent as a professional on 31 January 2022, i.e. during the
course of the season year of the player’s 22nd birthday.
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TMS 11862
5.
Art. 2 par. 1 lit. ii) of Annexe 4 RSTP stipulates that training compensation is due when a
professional is transferred between clubs of two different associations (whether during
or at the end of his contract) before the end of the season of his 23rd birthday.
6.
As such, training compensation is due.
7.
Art. 3 par. 1 of Annexe 4 of the RSTP stipulates that in the case of subsequent transfers
of the professional, training compensation will only be owed to his former club for the
time he was effectively trained by that club.
8.
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 IFK
Norrköping), 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).
9.
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.
10.
As such, the Claimant is entitled to receive training compensation for the subsequent
professional registration of the player with the Respondent.
11.
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 the years
of his 17th, 18th and19th birthday.
12.
According to art. 3 par. 2 of Annexe 4 RSTP, the deadline for payment of training
compensation is 30 days following the registration of the professional with the new
association.
13.
The player registered with the Respondent on 31 January 2022.
14.
Thus, the Respondent had to pay any due training compensation by 2 March 2022.
15.
It is undisputed that to date the Respondent did not pay training compensation to the
Claimant.
16.
The former club, the Claimant and the Respondent were all based inside the territory of
the EU when the player registered as a professional with the Respondent. As such, art.
6 of Annexe 4 RSTP is applicable in the matter at hand.
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17.
As per art. 5 par. 2 of Annexe 4 RSTP in combination with 3 par. 1 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, or on a pro rata basis if less than one year.
18.
What is more, art. 6 par. 1 lit. a) of Annexe 4 RSTP stipulates that for players moving from
one association to another inside the territory of the EU/EEA, the amount of training
compensation payable shall be established based on the following:
If the player moves from a lower to a higher category club, the calculation shall be based on
the average training costs of the two clubs.
19.
When the Respondent registered the player on 31 January 2022:
a. The Claimant was classified under UEFA training category IV. The yearly amount
foreseen for UEFA category II clubs is EUR 10,000;
b. The Respondent was classified under UEFA training category II when registering
the player. The yearly amount foreseen for UEFA category II clubs is EUR 60,000.
20.
Based on the above, the yearly amount of training compensation shall be EUR 35,000.
21.
The Claimant is entitled to training compensation for the training and education
provided to the player during the following periods:
a. 2017: 149 days of the year of his 17th birthday;
b. 2018: 330 days of the year of his 18th birthday; and
c. 2019: 150 days of the year of his 19th birthday;
22.
Therefore, the Claimant shall in principle receive training compensation in the amount
of EUR 60,315.07.
23.
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 3 March 2022 until the date of effective
payment.
24.
The Respondent’s request that interest should be awarded to the Claimant as from the
date of DRC decision should be dismissed, since it is established that the debt accrued
on 3 March 2022 due to the refusal of the Respondent to pay training compensation and
that the Respondent did not provide any valid reason to the delay of payment of the said
training compensation.
25.
As such, the claim of the Claimant is accepted.
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26.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of solidarity contribution.
27.
The Claimant claimed the amount of EUR 60,315.07.
28.
Thus, the amount claimed by the Claimant corresponds to an amount higher than USD
50,00 and lower than USD 99,999. Therefore, procedural costs levied in this respect are
fixed to USD 10,000 (cf. art. 2 of Annexe 1 to the Procedural Rules.
29.
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.
30.
In view the specific circumstances of the case, procedural costs shall be set at USD 5,000.
31.
In view of the outcome of the claim, said costs shall be borne by the Respondent.
32.
Art. 24 RSTP applies.
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III. DECISION
1.
The claim of the Claimant, IF Sylvia, is accepted.
2. The Respondent, Brondby, shall pay to the Claimant EUR 60,315.07 as training
compensation, plus 5% interest p.a. on that amount, as from 3 March 2022 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 5,000 are to be paid by the
Respondent to FIFA with reference to case no. TMS 11862 (cf. note relating to the payment
of the procedural costs below).
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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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 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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