Training Compensation
Texto da decisão
TMS 7424
Decision of the Single Judge of the
sub-committee of the
Dispute Resolution Chamber
passed on 28 January 2021,
regarding training compensation for the player Nicolo CUDRIG
BY:
Philippe Diallo (France), Single Judge of the sub-committee of the DRC
CLAIMANT:
UDINESE CALCIO, Italy
RESPONDENT:
CERCLE BRUGGE KSV, Belgium
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TMS 7424
I. FACTS OF THE CASE
Player:
Nicolo CUDRIG
Date of birth:
7 August 2002
Player passport:
issued by the Federazione Italiana Giuoco Calcio (FIGC) on 10 June 2020
Season
14/15
15/16
16/17
17/18
18/19
Club(s)
Academy Udinese (Italy)
Udinese Calcio
Udinese Calcio
Udinese Calcio
Udinese Calcio
Birthday
12th
13th
14th
15th
16th
Registration dates
20.08.14-30.06.15
21.08.15-30.06.16
19.08.16-30.06.17
Entire season
01.07.18-07.01.19
Status
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Sporting season:
1 July to 30 June (Italy)
Date of transfer:
16 January 2019, from Udinese Calcio (Italy) to Cercle Brugge KSV (Belgium) as
professional
Claimant club:
Udinese Calcio (Italy)
UEFA, category I (EUR 90,000 per year)
Respondent club:
Cercle Brugge KSV (Belgium)
UEFA, category I (EUR 90,000 per year)
Claim and Response:
1.
On 30 December 2020, the Claimant requested EUR 61’397.26 as training compensation, plus
5% interest p.a. as of the 31st day after the registration of the player.
2.
In its calculation, the Claimant took into consideration the average between its training category
(i.e. category I, UEFA indicative amount of EUR 90,000 per year) and the training category of the
Respondent (i.e. category II, UEFA indicative amount of EUR 60,000 per year) which it applied
as follows:
Season
15/16
16/17
17/18
18/19 (01.07.18-07.01.19)
Age
13
14
15
16
Amount
EUR 10’000
EUR 10’000
EUR 10’000
EUR 31’397.29
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TMS 7424
3.
In its submissions, the Claimant confirmed that it did not offer the player a contract in line with
the provisions set out in art. 6 of Annexe 4 RSTP.
4.
Nevertheless, the Claimant argued being entitled to receive training compensation for the first
registration of the player as a professional because it had shown a bona fide interest in retaining
the services of the player.
5.
In this respect, the Claimant provided a statement of one of its youth coach in which the latter
confirmed that there had been meeting with the player’s family on 4 July 2018 and that there
had been a common understanding as to the professional project that had been proposed to
the player, which would have led to the signature of a professional contract.
6.
The Claimant added that that the player had decided to quit said project and that it had then
learned that several European clubs where interested in his services in the media.
7.
The Respondent rejected the claim of the Claimant in its entirety.
8.
The Respondent provided a statement of the player’s mother in which she declared that the
above-mentioned meeting with the Claimant actually took place in April 2018 and that it was
“a purely informative meeting and that there was no intention whatsoever to offer the player a
contract.”
9.
What is more, the Respondent underlined that in the following months after said meeting, the
Claimant “showed no further interest in keeping the player”, and this despite knowing interest
of other European clubs.
10.
Referring to the DRC and CAS jurisprudence in the matter of contract offer, the Respondent
highlighted that there was no written contract offer nor the Claimant was able to demonstrate
that it had a genuine interest in retaining the player despite not having offered him a contract.
11.
Therefore, the Respondent concluded that no training compensation was due to the Claimant.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): June 2018 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
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TMS 7424
Decision:
1.
The claim of the Claimant is based on the first registration of the player as a professional with
the Respondent.
2.
The Respondent is contesting the Claimant’s entitlement to training compensation, arguing that
the player did not offer a contract to the player and/or showed bona fide interest in retaining
the player’s services.
3.
It is undisputed that the player registered as a professional for the first time with the Respondent.
4.
The Claimant is located in Italy and the Respondent in Belgium, both countries being members
of the EU, hence art. 6 of Annexe 4 RSTP is applicable as lex specialis to the matter hand and
the registration of the player with the Respondent shall be considered a first registration of a
professional player between two clubs based within the EU/EEA.
5.
In accordance with art. 6 par. 3 of Annexe 4 RTSP, if the former club does not offer the player a
contract, no training compensation is payable unless the former club can justify that it is entitled
to such compensation.
6.
It remained undisputed that the Claimant did not offer a contract to the player.
7.
In very exceptional cases, the DRC has decided that a club that has not offered a contract to a
player in the sense of art. 6 par.3 of Annexe 4 RSTP may retain its entitlement to training
compensation by having shown a bona fide interest in keeping that player.
8.
The Claimant alleged having shown bona fide interest in retaining the services of the player.
9.
In accordance with art. 12 par. 3 of the Procedural Rules, the Claimant carries the burden of
proving that it did show a genuine interest in retaining the player’s services.
10.
In support of its allegations, the Claimant provided a statement of one of its youth coaches in
which the latter declared that the player and his family were presented with a long term project
regarding his future at the club which eventually the player did not accept.
11.
Having had one meeting only with the player to discuss his evolution and/or future cannot be
considered as proactive stance.
12.
The Claimant did not provide any evidence that would demonstrate that it had been in constant
contact with the player following said meeting, and that it had been attempting to persuade the
player to continue his career with it.
13.
Therefore, the Claimant could not prove that it had shown bona fide interest in retaining the
player’s services.
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TMS 7424
14.
As a result of all of the aforementioned, it is concluded that the Claimant did not comply with
the requirements of art. 6 par. 3 of Annexe 4 RSTP nor with the requirements developed by the
jurisprudence of the DRC in application of the provisions set out in the aforesaid article.
15.
Hence, the Claimant is not entitled to receive training compensation for the first registration of
the player as a professional with the Respondent.
16.
Consequently, the claim of the Claimant is rejected.
17.
No procedural costs are payable (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
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III. DECISION
1.
The claim of the Claimant, Udinese Calcio, is rejected.
2.
No procedural costs are payable (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
For the Single Judge of the sub-committee of the DRC:
Emilio García Silvero
Chief Legal & Compliance Officer
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TMS 7424
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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