Training Compensation
Texto da decisão
REF TMS 12096
Decision of the
Dispute Resolution Chamber
passed on 26 October 2023
regarding training compensation for the
player Doro DABO
BY:
Mr. Clifford Hendel (USA), Deputy Chairperson
Mr. Jorge Gutiérrez (Costa Rica), Member
Ms. Stella Maris Juncos (Argentina), Member
CLAIMANT:
, Senegal
RESPONDENT:
FC Porto, Portugal
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REF TMS 12096
I. FACTS OF THE CASE
Player:
Doro DABO
Date of birth:
15 July 2003
Player passport (s): issued by the Federation Senegalaise de Football (FSF):
Season
2017
2018
2019
Birthday Club(s)
Registration dates
Status
th
01/10/17
31/12/17
Amateur
th
01/01/18
31/08/18
Amateur
01/10/18
31/12/18
01/01/19
31/08/19
01/10/19
31/12/19
01/01/20
31/08/20
Amateur
SAHEL
01/10/20
31/12/20
Amateur
SAHEL
01/01/21
31/08/21
Amateur
FC Porto
06/09/21
00/00/00
Issuance of ITC
14
15
th
16
2020
17th
2021
th
18
Amateur
Date of registration:
on 6 September 2021 with FC Porto as a professional
Claimant club:
(Senegal)
Respondent club: FC Porto (Portugal)
UEFA, category II (EUR 60,000 per year)
Claim and Response:
1.
On 5 January 2023, the Claimant requested the amount of EUR 190,000 as training
compensation on the basis of the player
registration as a professional with the
Respondent.
2.
The Claimant based its claim on the player passport issued by the FSF according to which
(1) the player was always registered as an amateur in Senegal and (2)
registration between 1 October 2017 and 31 August 2020.
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3.
The Claimant
three full seasons and calculated
th
its entitlement by multiplying the season
birthday by EUR 10,000, i.e.
training costs of UEFA category IV clubs, in accordance with art. 5, par. 3 of Annexe 4 of
the FIFA Regulations on the Status and Transfer of Players (RSTP), and the seasons of his
16th and 17th birthdays by EUR 90,000, i.e. training costs of UEFA category I clubs.
4.
On 27 January 2023, the Respondent rejected the claim of the Claimant.
5.
The Respondent argued that the FSF player passport that accompanied the International
Transfer Certificate (ITC) for the move of the player to Portugal exclusively showed his
registration with SAHEL, his last club in Senegal, from 1 October 2020 until 31 August
2021.
6.
The Respondent
7.
On 8 February 2023, the Claimant stated that the FSF updated the player passport, in
relation to the one mentioned by the Respondent,
of elements of evidence that it had carried his registration.
.
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):
March 2023 edition.
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
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 September 2021, 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 calendar
year of his 23rd birthday.
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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
the player passport) and that has contributed to his training starting from the calendar
year 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 professional, and that the passport it had obtained, did not contain any
registration of the player with the Claimant.
7.
According to the jurisprudence of the Dispute Resolution Chamber (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.
The Respondent is of the opinion that it acted with good faith and due diligence by
obtaining the FSF player passport, alongside the ITC, that exclusively presented the
former club, SAHEL, and it did not contain the Claimant.
9.
On the one hand, even though the abovementioned document referred by the
Respondent was included in TMS for the issuance of the ITC, it is neither signed nor
stamped.
10.
On the other hand, the FSF player passport presented by the Claimant, is signed and
stamped and the information there available, in addition to the registration period with
the former club, SAHEL, it presents a previous, and non-overlapping, registration history
with the Claimant.
11.
Moreover, the Respondent requests FIFA to confirm which passport is the correct one . FIFA
did so by acknowledging that the updated version of the player passport, duly signed
and stamped, is valid.
12.
Based on the above, it is determined that the FSF player passport including the Claimant
contains the accurate career history of the player in Senegal.
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REF TMS 12096
13.
Said player passport stipulates that the player was always registered as an amateur in
Senegal, and that inter alia he was registered with the Claimant as from 1 October 2017
until 31 August 2020, as follows:
a. 92 days of the calendar year
th
birthday, i.e. between 1 October
and 31 December 2017;
th
b.
birthday, i.e. between 1 January
and 31 August 2018, and from 1 October until 31 December 2018;
th
c.
birthday, i.e. between 1 January
and 31 August 2019, and from 1 October until 31 December 2019; and
th
d. 244 days of
birthday, i.e. between 1 January
and 31 August 2020.
14.
In view of the above, training compensation is due to the Claimant.
15.
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.
16.
The player registered with the Respondent on 6 September 2021.
17.
It is undisputed that the Respondent did not pay training compensation to the Claimant.
18.
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
calendar year
19.
th
birthday to the one of his 21st birthday.
Even though the Claimant asks for the Respondent to be considered a UEFA category I
club, the highest category available for Portuguese clubs is UEFA category II, which was
the one of the Respondent when registering the player.
20.
The yearly amount set for category II clubs in UEFA corresponds to EUR 60,000 per year.
21.
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 calendar years between their 12th and 15th birthdays (i.e. four years) shall be
based on the training and education costs of category IV clubs.
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22.
The yearly amount set for category IV clubs in UEFA corresponds to EUR 10,000.
23.
In view of all the above, the Claimant is entitled to training compensation of EUR
106,876.71, corresponding to:
a. EUR 2,520.55 for the training and education provided during 92 days of the
th
birthday;
b. EUR 9,178.08 for the training and education provided during 335 days of the
th
birthday;
c. EUR 55,068.49 for the training and education provided during 335 days of the
th
birthday; and
d. EUR 40,109.59 for the training and education provided during 244 days of the
th
birthday.
24.
Consequently, the claim of the Claimant is partially accepted.
25.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of training rewards.
26.
The Claimant claimed the amount of EUR 190,000.
27.
Thus, the amount claimed by the Claimant corresponds to an amount higher than USD
150,000 and lower than USD 199,999. Therefore, procedural costs levied in this respect
are fixed at USD 20,000 (cf. art. 2 of Annexe 1 to the Procedural Rules).
28.
According to art. 25 par. 5 of the Procedural Rules, the chamber will decide the amount
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.
29.
In view the specific circumstances of the case, procedural costs shall be set at USD
15,000.
30.
In view of the outcome of the claim, said costs shall be borne as follows:
a. the Claimant shall pay the amount of USD 7,000; and
b. the Respondent shall pay the amount of USD 8,000.
31.
Art. 24bis RSTP is applicable to the matter at hand.
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III. DECISION
1. The claim of the Claimant,
, is partially accepted.
2. The Respondent, FC Porto, has to pay to the Claimant the amount EUR 106,876.71 as
training compensation.
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 in
accordance with article 24 paragraphs 7 and 8 and article 25 of the Regulations on the
Status and Transfer of Players.
6. The final costs of the proceedings in the amount of USD 15,000 are to be paid to FIFA
reference to case no. TMS 12096 (cf. note relating to the payment of the procedural costs
below) as follows:
a. the amount of USD 7,000 shall be paid by the Claimant; and
b. the amount of USD 8,000 shall be paid by the Respondent.
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 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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