Training Compensation
Texto da decisão
REF TMS 10703
Decision of the
Dispute Resolution Chamber
passed on 23 August 2022
regarding training compensation for the player Sekou Camara
BY:
Stefano Sartori (Italy), DRC Judge
CLAIMANT:
Besëlidhja, Albania
RESPONDENT:
FC Botosani, Romania
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REF TMS 10703
I. FACTS OF THE CASE
Player:
Sekou Camara
Date of birth:
20 July 1997
Player passport: issued by the The Football Association of Albania (FSHF) on 31 May 2022:
Season
Birthday
Club(s)
Registration dates
Status
2015/2016
18
Besëlidhja
03.02.2016 - 30.06.2016
Professional
(Permanent)
2016/2017
19
Besëlidhja
01.07.2016 - 30.06.2017
Professional
(Permanent)
2017/2018
2018/2019
20
21
Besëlidhja
Besëlidhja
01.07.2017 - 05.07.2017 &
Professional
01.06.2018 - 30.06.2018
(Permanent)
01.06.2019 - 30.06.2019
Professional
(Permanent)
Sporting season:
1 July to 30 June (Albania)
Date of transfer:
27 October 2020, from Besëlidhja (Albania) to FC Botosani (Romania) as
a professional “Engage permanently (out of contract)”
Claimant club:
Besëlidhja (Albania)
UEFA, Category IV (EUR 10,000 per year)
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REF TMS 10703
Respondent club:
FC Botosani (Romania)
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1.
On 1 July 2022, the Claimant requested EUR 49,397.26 as training compensation on the
basis of the subsequent registration as a professional of the player with the Respondent,
plus 5% interest p.a. “as of the due date, until the date of effective payment”.
2.
The Claimant based its claim on the fact that the player was registered with it for 601
days, as from 3 February 2016 until 22 July 2019, that is to say during the course of the
player’s 18th, 19th, 20th and 21st birthday season.
3.
In its calculations, the Claimant took into consideration the Respondent’s category
(which it deemed to be category III within UEFA), i.e. EUR 30,000 per year for the seasons
of the player’s 18th to 21st birthday, which it multiplied pro rata by 601 days the player
was registered with the Claimant.
4.
On 4 July 2022, the FIFA General Secretariat notified the claim to the Respondent and
invited the latter to submit its position to the Claimant’s claim, which it was uploaded in
TMS on 1 July 2022.
5.
In its reply, the Respondent alleged the following:
“In reference with the letter dated from 4 July 2022 received from FIFA – Football Tribunal,
please be informed that we did not receive any claim or proposal related to training
compensation requested for registration of the player Sekou Camara.
In order to send an answer to a claim registered by Beselidjha we kindly ask you to upload
this document in TMS.”
6.
On 2 August 2022, the FIFA General Secretariat informed the parties that the
investigation-phase had been closed. Likewise, the parties were informed that the
matter would be submitted to the Judge of the Dispute Resolution Chamber of the
Football Tribunal, Mr Stefano Sartori (Italy), for consideration and a formal decision.
7.
On 24 August 2022, the findings of the decision were notified to the parties.
8.
On 1 September 2022, the Respondent requested the grounds of the decision.
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II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): October 2020
edition.
Procedural Rules Governing the Football Tribunal (Procedural Rules):
June 2022 edition.
Jurisdiction:
Yes, uncontested
Admissibility:
Yes, uncontested
Decision:
1.
The claim of the Claimant is based on the subsequent transfer of the player as a
professional between clubs of two different associations.
2.
The Respondent alleged that it “did not receive any claim or proposal related to training
compensation requested for registration of the player Sekou Camara.”
3.
With regard to the Respondent’s allegation, the DRC Judge recalled the basic principle of
burden of proof, as stipulated in art. 13 par. 5 of the Procedural Rules, according to
which a party claiming a right on the basis of an alleged fact shall carry the respective
burden of proof. Likewise, the DRC Judge stressed the wording of art. 13 par. 4 of the
Procedural Rules, pursuant to which he may consider evidence not filed by the parties,
including without limitation the evidence generated by or within the Transfer Matching
System (TMS).
4.
In this respect, the Respondent failed to provide any evidence regarding its allegation.
5.
Consequently, it did not provide an answer to the claim, thus the allegations of the
Claimant remained uncontested and the decision shall be taken on the basis of the
documentation on file (cf. art. 21 par. 1 of the Procedural Rules).
6.
In accordance with art. 3 par. 1 of Annexe 4 RSTP the player’s career history is established
through the information included in the player passport of the latter.
7.
In accordance with the information included in the player passport issued by the FSHF
on 31 May 2022, it is established that the player was registered as professional with the
Claimant as from 3 February 2016 until 5 July 2017, as from 1 June 2018 until 30 June
2018 and as from 1 June 2019 until 30 June 2019. Likewise, it is established that the
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player was registered with the Claimant for 579 days, during the seasons of his 18th until
21st birthday.
8.
Art. 3 par. 1 of Annexe 4 of the RSTP stipulates that for subsequent transfers of the
professional, the club with which the player is registered is responsible for paying
training compensation within 30 days of registration only to his former club (and any
club which had the player directly on loan) for the time he was effectively trained by that
club.
9.
Following the above and in line with the jurisprudence of the DRC, training compensation
is due to the Claimant in accordance with art. 2 par. 1 lit. b) of Annexe 4 of the RSTP, i.e.
the subsequent transfer of the player as a professional between clubs of two different
associations.
10.
According to the player passport issued by the FSHF, the player was registered with the
Claimant, as from3 February 2016 until 5 July 2017, as from 1 June 2018 until 30 June
2018 and as from 1 June 2019 until 30 June 2019, that is to say during 579 days, i.e. 149
days during the season of the player’s 18th birthday, 365 days during the season of the
player’s 19th birthday, 35 days during the season of the player’s 20th birthday and 30 days
during the season of the player’s 21st birthday.
11.
In accordance with art. 5 par. 2 of Annexe 4 of the 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.
12.
As established above, the Respondent is a training category III club. Training costs for
category III clubs within UEFA are set at EUR 30,000 per year.
13.
Art. 3 par. 1 of Annexe 4 of the 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. 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.
14.
As established under point II./10., the player was registered with the Claimant during
579 days.
15.
Consequently, , the Claimant is entitled to training compensation for the following period
of training of the player:
(i) 2015/2016 season (season of the players’ 18th birthday): 149 days;
(ii) 2016/2017 season (season of the players’ 19th birthday): 365 days;
(iii) 2017/2018 season (season of the players’ 20th birthday): 35 days; and
(iv) 2018/2019 season (season of the players’ 21st birthday): 30 days.
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16.
The training costs are calculated as follows:
(i) 2015/2016 season - on the basis of a category III club, i.e. for UEFA, EUR 30,000
per year:
EUR 30,000 x (149 / 365) = EUR 12,246.58;
(ii) 2016/2017 season - on the basis of a category III club, i.e. for UEFA, EUR 30,000
per year:
EUR 30,000 x (365 / 365) = EUR 30,000.
(iii) 2017/2018 season - on the basis of a category III club, i.e. for UEFA, EUR 30,000
per year:
EUR 30,000 x (35 / 365) = EUR 2,876.71.
(iv) 2018/2019 season - on the basis of a category III club, i.e. for UEFA, EUR 30,000
per year:
EUR 30,000 x (30 / 365) = EUR 2,465.75.
17.
Consequently, the Claimant is entitled to receive EUR 47,589.04 as training
compensation.
18.
Furthermore, the Claimant requested to be awarded interest amounting to 5% per
annum, as “of the due date, until the date of effective payment.”
19.
Taking into consideration the Claimant’s claim as well as the well-established
jurisprudence of the DRC with regard to interest, the Claimant is entitled to receive
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 27 November 2020 until the date of
effective payment.
20.
In view of all the above, the claim of the Claimant is partially accepted and the Claimant
is entitled to receive EUR 47,589.04 as training compensation, plus 5% interest p.a. on
that amount, as from 27 November 2020 until the date of effective payment.
21.
Art. 25 par. 2 of the Procedural Rules stipulates that costs in the maximum amount of
USD 25,000 are levied in connection with proceedings before the DRC of the Football
Tribunal relating to disputes regarding training compensation and the solidarity
mechanism. Costs are to be borne in consideration of the parties’ degree of success in
the proceedings (art. 25 par. 5 of the Procedural Rules).
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22.
The amount claimed in the present dispute corresponded to EUR 49,397.26. Therefore,
procedural costs levied in this respect shall not exceed USD 5,000 (cf. art. 2 of Annexe 1
of the Procedural Rules).
23.
Taking into account the above, procedural costs in the amount of USD 4,000 are to be
paid by the Respondent.
24.
The relevant provisions of art. 24bis of the RSTP are applicable to the present matter.
III. DECISION OF THE DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Besëlidhja, is partially accepted.
2.
The Respondent, FC Botosani, has to pay to the Claimant:
- EUR 47,589.04 as training compensation plus 5% interest p.a. as from 27 November
2020 until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account
indicated in the enclosed Bank Account Registration Form.
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
and Spanish).
6.
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 the ban
shall be 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. 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.
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7. The final costs of the proceedings in the amount of USD 4,000 are to be paid by the
Respondent to FIFA with reference to case no. TMS 10703 (cf. note relating to the payment
of the procedural costs below).
For the Dispute Resolution Chamber :
Emilio García Silvero
Chief Legal & Compliance Officer
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 57 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
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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