Training Compensation
Texto da decisão
REF TMS 9087
Decision of the
Dispute Resolution Chamber
passed on 19 November 2021
regarding training compensation relating to the registration of the player Georgii
BRATUKHIN
BY:
Om ar Ongaro (Italy), Deputy chairperson of the Dispute Resolution
Chamber of the Football Tribunal
CLAIMANT:
FC KOLOMYAGI, Russia
RESPONDENT:
FK VOZDOVAC, Serbia
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REF TMS 9087
I. FACTS OF THE CASE
Player:
Georgii BRATUKHIN
Date of birth:
10 January 2001
Player passport:
issued by the Russian Football Union (FUR) on 3 March 2021 – relevant abstract
below
Season
14/15
15/16
16/17
17/18
18/19
Club(s)
FC Kolomyagi
FC Kolomyagi
FC Kolomyagi
FC Kolomyagi
FC Kolomyagi
Birthday
14th
15th
16th
17th
18th
Registration dates
20/10/14 – 30/06/15
Entire season
Entire season
Entire season
01/07/18 – 06/02/19
Status
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
The passport indicates that the player was always registered as an amateur in
Russia
Sporting season:
1 July to 30 June (Russia)
Date of transfer:
13 March 2019, from FC Kolomyagi (Russia) to FK Vozdovac (Serbia) as amateur
The FUR issued the amateur ITC to the FSS on 11 February 2019, confirming
that the player’s former club was FC Kolomyagi and that the registration ended
on 6 February 2019
On 3 March 2021, the Football Association of Serbia (FSS) confirmed that the
player had been registered as an amateur with FK Vozdovac since 13 March
2019, and that he was registered as a professional with the club since 6 August
2020
Claimant club:
FC Kolomyagi (Russia)
Respondent club:
FK Vozdovac (Serbia)
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1.
On 23 September 2021, the Claimant requested EUR 95,041 as training compensation, plus 5%
interest, for the first registration of the player as a professional with the Respondent.
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REF TMS 9087
2.
The Claimant based its claim on the player passport issued by the FUR on 3 March 2021,
according to which (1) the player was always registered as an amateur in Russia and (2) registered
with the Claimant as from 20 October 2014 until 6 February 2019.
3.
The Claimant broke down his calculation as follows (exact transcription):
2014 year (73 days)
2015 year
2016 year*
2017 year
2018 year
2019 year (37 days)
Total
EUR 2,000
EUR 10,000
EUR 20,000
EUR 30,000
EUR 30,000
EUR 3,041
EUR 95,041
*2016 is calculated as follows: the first 6 months of the season when the player turned 15 plus
six months of the next season = 5,000 + 15,000 euros
4.
The Claimant explained that, as per the correspondence of the FSS dated 3 March 2021, the
player had become professional on 6 August 2020 and therefore considered that training
compensation was due.
5.
The Claimant indicated that it had contacted the Respondent numerous time, only to have its
requests dismissed.
6.
The Claimant stated that the Respondent was of the opinion that the Claimant had waived its
training compensation entitlement vis-à-vis the player. In this regard, the Claimant declared that
the document provided by the Respondent was actually signed by a different entity, SSH
Kolomyagi, which had no link to the Claimant whatsoever.
7.
In fact, the Claimant submitted a statement from the State of St. Petersburg where it the
authority of reference declared that SSH Kolomyagi is a boarding school and “does not register
football players in the information system of the Russian Football Union.”
8.
The Claimant insisted that it had never waived its training compensation rights.
9.
On 28 October 2021, the Respondent rejected the claim of the Claimant.
10.
The Respondent confirmed that the registration of the player with it on 6 August 2020
constituted his first professional registration in the sense of the RSTP.
11.
The Respondent argued that it had acted in good faith before registering the player has a
professional by obtaining a player passport issued by the FUR on 6 July 2020, according to which
the last club the player was registered with in Russia was SSH Kolomyagi, and the player was
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REF TMS 9087
never registered with the Claimant. The Respondent did not explain and/or provided any proof
on how it had obtained the document.
12.
The Respondent also referred to the signed declaration of the player who stated that inter alia
he was registered with SSH Kolomyagi in Russia and that he was never registered with the
Claimant.
13.
Based on the above, and referring to previous DRC decisions, the Respondent concluded that it
had acted with due diligence before registering the player and therefore could not be expected
to pay any training compensation to the Claimant at a later stage.
14.
On 8 November 2021, the Claimant submitted a declaration from the FUR which stipulated that
the player was registered with the Claimant as from 20 October 2014 until 6 February 2019.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): June 2020 edition
Procedural Rules Governing the Football Tribunal (Procedural Rules): October
2021 edition
Decision:
1.
The Claimant requested the payment of training compensation for the first registration of the
player as a professional with the Respondent.
2.
It is undisputed that the player was registered for the first time as professional with the
Respondent on 6 August 2020, before the end of the season of his 23rd birthday.
3.
According to art. 2 par. 1 lit. i) of Annexe 4 RSTP, training compensation is due when a player is
registered for the first time as a professional before the end of the season of his 23rd birthday.
4.
Therefore, training compensation is due.
5.
Art. 3 par. 1 of Annexe 4 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 season of his 12th birthday. The amount payable is
calculated on a pro rata basis according to the period of training that the player spent with each
club.
6.
The Respondent is rejecting the claim of the Claimant because it is of the opinion that it acted
with due diligence by obtaining the player passport of the player before registering him as a
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REF TMS 9087
professional, and that the passport it had obtained, which is dated 6 July 2020, did not contain
any registration of the player with the Claimant.
7.
According to the jurisprudence of the DRC, the Chamber shall in principle rely on the information
inputted in the player passport(s) issued by the relevant member association(s) unless there is
clear evidence that would contradict its contents.
8.
In addition, the jurisprudence of the DRC established that a registering club shall act with utmost
due diligence when registering a player. More particularly, the DRC has determined that in
instances where a registering club can demonstrate that it acted with due diligence in attempting
to obtain the accurate career history of a player but that the relevant member association
produced multiple contradictory player passports afterwards, the player passport first issued and
made available to the registering club at the relevant time by said member association (either
downloaded in TMS or via official communication) shall be the passport relied upon when
determining if and to whom training compensation is payable.
9.
The Respondent maintained that it acted with good faith and due diligence by obtaining the
player passport dated 6 July 2020.
10.
The Claimant is basing its claim on the player passport dated 3 March 2021 according to which
he was registered with it as from 20 October 2014 until 6 February 2019. The Claimant
additionally provided a written confirmation from the FUR confirming the data inputted in the
player passport of 3 March 2021.
11.
The Respondent did not provide any evidence regarding the obtaining and/or issuance of the
player passport of 6 July 2020.
12.
Equally, the Respondent did not explain how it received this document.
13.
There is no evidence which would permit to establish that the Respondent had obtained the
player passport of 6 July 2020 from the FUR, either directly or via its association, the FSS.
14.
The amateur ITC of the player issued by the FUR to the FSS on 11 February 2019 indicated that
the player’s former club was the Claimant, and that the registration ended on 6 February 2019.
What is more, the amateur ITC was issued to the benefit of the player’s new club, that is to say
the Respondent. In other words, the Respondent, when receiving the amateur ITC and
registering the player as an amateur on 13 March 2019, was in the knowledge that the Claimant
was the player’s former club.
15.
The FUR confirmed the validity of the data regarding the player’s registration with the Claimant
contained in the player passport of 3 March 2021.
16.
The information contained in the player passport dated 3 March 2021, as well as in the ITC
issued on 11 February 2019 and the confirmation of the Russian FA of 2 September 2021 is
always consistently referring to the Claimant.
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17.
Furthermore, it is uncontested that the waiver dated 3 August 2020 was signed by SSH
Kolomyagi, which is a boarding school, and not a club participating in organised football, as per
the relevant confirmation of the state authority of St. Petersburg.
18.
Based on the above, it is determined that the player passport of 3 March 2021 contains the
accurate career history of the player in Russia.
19.
Said player passport stipulates that the player was always registered as an amateur in Russia,
and that inter alia he was registered with the Claimant as from 20 October 2014 until 6 February
2019, that is to say:
a. 254 days of the season of the player’s 14th birthday, i.e. as from 20 October until 30
June 2015;
b. The entire season of the player’s 15th birthday;
c. The entire season of the player’s 16th birthday;
d. The entire season of the player’s 17th birthday; and
e. 221 days of the season of the player’s 18th birthday, i.e. as from 1 July 2018 until 6
February 2019.
20.
In view of the above, training compensation is due to the Claimant.
21.
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.
22.
The player registered with the Respondent on 6 August 2020.
23.
Thus, the Respondent had to pay any due training compensation by 5 September 2020.
24.
It is undisputed that the Respondent did not pay training compensation to the Claimant.
25.
Art. 5 par. 2 of Annexe 4 RSTP foresees that 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.
26.
The Respondent was classified under training category III. The yearly amount set for category III
clubs in UEFA corresponds to EUR 30,000.
27.
According to art. 5 par. 3 of Annexe 4 RSTP, to ensure that training compensation for very young
players is not set at unreasonably high levels, 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.
28.
The yearly amount set for category IV clubs in UEFA corresponds to EUR 10,000.
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REF TMS 9087
29.
In view of all the above, the Claimant is entitled to training compensation of EUR 95,123.30
corresponding to:
a. EUR 6,958.90 for the training and education provided during the 254 days of the
season of the player’s 14th birthday;
b. EUR 10,000 for the training and education provided during the entire season of the
player’s 15th birthday;
c. EUR 30,000 for the training and education provided during the entire season of the
player’s 16th birthday;
d. EUR 30,000 for the training and education provided during the entire season of the
player’s 17th birthday; and
e. EUR 18,164.40 for the training and education provided during the 221 days of the
season of the player’s 18th birthday.
30.
Nevertheless, the Claimant limited its claim to EUR 95,041.
31.
As such, and in line with the legal principle of non ultra petita, the Claimant shall be awarded
EUR 95,041 only.
32.
In addition, taking into account the specific request of the Claimant as well as the wellestablished jurisprudence of the DRC with regard to interest, the Claimant is entitled to receive
interest at the rate of 5% p.a. on the due amount as of the day after it became due, i.e. as of 6
September 2020.
33.
Consequently, the claim of the Claimant is accepted.
34.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for disputes
between clubs regarding the payment of training rewards.
35.
The Claimant claimed the amount of EUR 95,041.
36.
Thus, the amount claimed by the Claimant corresponds to an amount higher than USD 50,000
and lower than USD 99,999. Therefore, procedural costs levied in this respect are fixed at USD
10,000 (cf. art. 2 of Annexe 1 to the Procedural Rules).
37.
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.
38.
In view the specific circumstances of the case, procedural costs shall be set at USD 9,000.
39.
In view of the outcome of the claim, said costs shall be borne by the Respondent in full.
40.
Art. 24bis RSTP is applicable to the matter at hand.
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III. DECISION
1.
The claim of the Claimant, FC Kolomyagi, is accepted.
2. The Respondent, FK Vozdovac, shall pay to the Claimant EUR 95,041 as training compensation,
plus 5% interest p.a. as of 6 September 2020 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 24bis 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 in accordance with
article 24bis of the Regulations on the Status and Transfer of Players.
6. This decision is rendered without costs. The final costs of the proceedings in the amount of USD
9,000 are to be paid by the Respondent to FIFA with reference to case no. TMS 9087 (cf. note
relating to the payment of the procedural costs below).
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF TMS 9087
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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