Training Compensation
Texto da decisão
REF TMS 8637
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 22 September 2021
regarding training compensation for the player PEDRO AUGUSTO BORGES DA COSTA
BY:
S tefano S artori (Italy), Single Judge of the sub-committee of the
Dispute Resolution Chamber
CLAIMANT:
EC SAO BENTO, Brazil
RESPONDENT:
CD TONDELA, Portugal
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REF TMS 8637
I. FACTS OF THE CASE
Player:
PEDRO AUGUSTO BORGES DA COSTA
Date of birth:
3 March 1997
Player passport:
issued by the Confederação Brasileira de Futebol (CBF) on 21 June 2021:
Season
2011
2012
2013
2014
2015
2016
Birthday
14th
15th
16th
17th
18th
19th
2017
2018
20th
21st
Clubs
Sao Paulo
Sao Paulo
Sao Paulo
Sao Paulo
Sao Paulo
Sao Paulo
Sao Paulo
Sao Paulo
Sao Paulo
EC Sao Bento
Registration dates
22/03/11 – 31/12/11
Entire season
Entire season
Entire season
Entire season
01/01/16 – 09/08/16
10/08/16 – 31/12/16
Entire season
01/01/18 – 09/04/18
10/04/18 – 31/12/18
2019
22nd
Sao Paulo
Louletano Desportos
01/01/19 – 30/01/19
31/01/19 – 30/06/19
Sao Paulo
01/07/19 – 22/07/19
Status
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Professional (permanent)
Professional (permanent)
Professional (permanent)
Professional (on loan from
Sao Paulo)
Professional (permanent)
Professional (on loan from
Sao Paulo)
Professional (permanent)
Sporting season:
1 January to 31 December
Date of transfer:
2 August 2019, from Sao Paulo (Brazil) to CD Tondela (Portugal) as professional
Claimant club:
EC Sao Bento (Brazil)
Respondent club:
CD Tondela (Portugal)
UEFA, category II (EUR 60,000 per year)
Claim and Response:
1.
On 21 July 2021, the Claimant claimed training compensation of EUR 43,726.02 on the basis
of the subsequent registration as a professional of the player with the Respondent, plus 5 %
interest p.a. as of 2 September 2019 until the date of effective payment.
2.
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.
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REF TMS 8637
3.
On 21 July 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 43,726.03 to the
Claimant.
4.
The Claimant accepted the proposal.
5.
On 16 August 2021, the Respondent rejected the claim of the Claimant.
6.
In this respect, the Respondent acknowledged that the Claimant would in principle be entitled
to training compensation based on the application of the so-called loan jurisprudence.
7.
Nevertheless, the Respondent argued that since the loan of the player to the Claimant was
subsidized by the parent club, Sao Paulo, no training compensation was due in the matter at
hand in line with the relevant CAS jurisprudence.
8.
The Respondent however admitted that its argumentation was based on its own assumption
and that it was not in possession of any information regarding the conditions upon which the
player was loaned by Sao Paulo to the Claimant.
9.
In this respect, the Respondent requested the DRC to provide a copy of said loan agreement.
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
Admissible:
Yes, uncontested
Decision:
1.
The claim of the Claimant is based on the transfer of the player as professional between Sao
Paulo and the Respondent.
2.
The Respondent held that no training compensation was due to the Claimant under the
assumption that the loan of the player from Sao Paulo to the Claimant was most certainly
subsided in part or in full.
3.
It is uncontested that the player was registered with the Claimant as from 10 April 2018 until
31 December 2018, on loan from Sao Paulo.
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4.
It is undisputed that the player subsequently transferred from Sao Paulo to the Respondent as a
professional on 2 August 2019, i.e. during the course of the season of the player’s 22nd birthday.
5.
As established by the jurisprudence of the DRC, when a player registers with a club affiliated to
a different member association before the end of the season of his 23rd birthday (i.e. the new
club, in casu the Respondent) from the one where he was previously registered (i.e. the former
club, in casu Sao Paulo), 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.
As such, the Claimant shall in principle be entitled to receive training compensation for the
subsequent professional registration of the player with the Respondent.
8.
Art. 5 par. 2 of Annexe 4 RSTP foresees that 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.
9.
The Respondent was classified under UEFA category II when registering the player, i.e. indicative
amount of EUR 60,000 per season.
10.
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.
11.
The Claimant is in principle entitled to training compensation for the 266 days the player was
registered with it during the season of his 21st birthday.
12.
Therefore, the Claimant shall in principle receive training compensation in the amount of EUR
43,726.02.
13.
However, the Respondent referred to previous decisions of CAS and asserted that since Sao
Paulo most likely subsidised the loan of the player to the Claimant, no training compensation
was due.
14.
According to art. 12 par. 3 of the Procedural Rules, any party claiming a right on the basis of an
alleged fact shall carry the burden of proof.
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REF TMS 8637
15.
In this context, the Respondent carries the burden of proving that Sao Paulo subsidised the loan
of the player to EC Sao Bento.
16.
The Respondent did not submit any evidence on support of its allegations. In the contrary, the
Respondent recognised that its allegation was based on its own assumption and not based on
any documentary evidence.
17.
As a consequence, the allegations of the Respondent shall be dismissed in line with art. 12 par.
3 of the Procedural Rules.
18.
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 21st birthday season, i.e. as
from 10 April 2018 until 31 December 2018, that is to say during 266 days, on loan from his
former club, Sao Paulo.
19.
Therefore, the Claimant is entitled to receive EUR 43,726.02 as training compensation.
20.
The Claimant requested the award of interest rate of 5% per annum as from 2 September 2019
until payment.
21.
In this respect, the well-established jurisprudence of the DRC applies interests as from the first
overdue day for the payment of training compensation.
22.
The player was registered with the Respondent on 2 August 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 1 September 2019.
23.
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 2 September
2019.
24.
The interest rate of 5% per annum on EUR 43,726.02 shall apply until the date of effective
payment of the outstanding training compensation and its applicable interest.
25.
In view of all the above, the claim of the Claimant is accepted, and the Claimant is entitled to
receive EUR 43,726.02 as training compensation, plus 5% per annum on that amount as from
2 September 2019 until the date of effective payment.
26.
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 training compensation (cf. art. 18 par. 1 of
the Procedural Rules).
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27.
The amount claimed by the Claimant corresponds to EUR 43,726.02, i.e. below CHF 50,000.
Therefore, procedural costs levied in this respect shall not exceed the sum of CHF 5,000 (art. 1
of Annexe A of the Procedural Rules).
28.
In consideration of the amount claimed by the Claimant, costs of the current proceedings shall
be set at CHF 5,000.
29.
In view of the degree of success of the Claimant, the costs shall be borne in full by the
Respondent.
30.
The relevant provisions of art. 24bis RSTP are applicable in the present matter.
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III. DECISION
1.
The claim of the Claimant, EC Sao Bento, is accepted.
2.
The Respondent, CD Tondela, shall pay to the Claimant EUR 43,726.02 as training compensation,
plus 5% interest per annum on that amount as from 2 September 2019, 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.
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).
5.
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.
6. The final costs of the proceedings in the amount of CHF 5,000 are to be paid by the Respondent
to FIFA with reference to case no. TMS 8637 (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
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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 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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