Training Compensation
Texto da decisão
REF TMS 12834
Decision of the
Dispute Resolution Chamber
passed on 4 December 2023
regarding training compensation for the
player Délcio Ferreira FERNANDES
BY:
Mr. Roy Vermeer (the Netherlands), Single Judge of the Dispute
Resolution Chamber of the Football Tribunal
CLAIMANT:
Tchadense, Cape Verde Islands
RESPONDENT:
CFEA-Club Football Estrela, Portugal
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REF TMS 12834
I. FACTS OF THE CASE
Player:
Délcio Ferreira FERNANDES
Date of birth:
28 March 2002
Player passport (s):
- issued by the Federação Caboverdiana de Futebol (FCF):
Year
2014
2015
2016
2017
2018
2019
2020
2021
2022
Birthday Club(s)
th
th
12
13
th
14
th
15
th
16
th
17
Registration dates
Status
EPIF
01/10/14
31/12/14
Amateur
EPIF
01/01/15
31/07/15
Amateur
EPIF
01/10/15
31/12/15
Amateur
EPIF
01/01/16
31/07/16
Amateur
EPIF
01/10/16
31/12/16
Amateur
EPIF
01/01/17
31/07/17
Amateur
EPIF
01/10/17
31/12/17
Amateur
EPIF
01/01/18
31/07/18
Amateur
Tchadense
01/10/18
31/12/18
Amateur
Tchadense
01/01/19
31/07/19
Amateur
Travadores
01/10/19
31/12/19
Amateur
th
Travadores
01/01/20
31/07/20
Amateur
th
Travadores
01/10/21
31/12/21
Amateur
th
Travadores
01/01/22
31/07/22
Amateur
Registration dates
Status
18
19
20
- issued by the Federação Portuguesa de Futebol (FPF):
Year
2022
Birthday Club(s)
th
20
CFEA-Club Football
30/09/22
31/12/22
Professional
01/01/23
30/06/23
Professional
Estrela
2023
st
21
CFEA-Club Football
Estrela
Date of registration: 30 September 2022 as a professional with CFEA-Club Football Estrela
(Portugal)
Claimant club:
Tchadense (Cape Verde Islands)
Respondent club: CFEA-Club Football Estrela (Portugal)
UEFA, category III (EUR 30,000 per year)
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REF TMS 12834
Claim and Response:
1.
On 26 April 2023, the Claimant lodged the present claim and requested EUR 24,986.30
as training compensation for the first registration of the player as a professional with
the Respondent, plus 5% interest p.a.
.
2.
The Claimant
between 1 October 2018
th
th
and 31 July 2019, calendar years of his 16 and 17 birthdays.
3.
To reach the abovementioned amount, the Claimant multiplied pro rata the 304 days of
4.
On 3 May 2023, the FIFA general secretariat proposed the Respondent should pay to the
EUR 24,986.30 as training compensation plus 5% interest per annum as from 31
October 2022 until the date of effective
.
5.
On 18 May 2023, the Respondent rejected the abovementioned proposal.
6.
The Respondent is of the opinion that no training compensation is due to the Claimant.
7.
It bases its argument on the alleged word of the
from this first registration as a professional.
that no costs would result
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): July 2022
edition.
Procedural Rules Governing the Football Tribunal (Procedural Rules):
March 2023 edition.
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Decision:
1.
The claim of the Claimant s based on the first registration of the player as a professional
with the Respondent.
2.
training compensation would derive from this registration.
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REF TMS 12834
3.
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 content.
4.
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(s) produced multiple and/or contradictory player
passports/registration information afterwards, the player passport first issued by said
member association(s) (either downloaded in TMS or via official communication) shall
be the passport and/or official information relied upon when determining if and to
whom solidarity contribution is payable.
5.
Art. 13, par. 5 of the Procedural Rules determines that
.
6.
The allegations of the Respondent shall be rejected in line with art. 13 par. 5 of the
Procedural Rules as it did not submit any conclusive evidence that would support its
allegations.
7.
Moreover, art. 7 of the RSTP establishes that the
of the player passport is
inextricably linked to the training reward regimes. Because of that, only a player
passport issued and confirmed by a member association will be considered by the DRC
in case of a dispute.
8.
According to the player passport issued by the FCF, the player was always registered as
an amateur in Cape Verde Islands.
9.
In accordance with the FPF player passport, the player first registered as a professional
with the Respondent on 30 September 2022.
10.
Art. 2 par. 1 lit. i) of Annexe 4 of the RSTP stipulates that 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.
11.
As a consequence, training compensation is due to every club with which the player has
the player passport) and that has contributed to his training starting from the calendar
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REF TMS 12834
year of his 12th birthday, and on a pro rata basis if less than one year (cf. art. 3 par. 1 of
Annexe 4 of the RSTP).
12.
The player was registered with the Claimant between 1 October 2018 and 31 July 2019,
th
and 17th birthdays.
13.
In view of the above, training compensation is due to the Claimant.
14.
According to art. 3 par. 2 of Annexe 4 of the RSTP, the deadline for payment of training
compensation is 30 days following the registration of the professional with the new
association.
15.
The player registered with the Respondent as a professional on 30 September 2022.
Thus, the Respondent had to pay any due training compensation by 30 October 2022.
16.
It is undisputed that the Respondent did not pay training compensation to the Claimant.
17.
In accordance with art. 5 par. 2 of Annexe 4 of the RSTP, 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
18.
The Respondent was classified under category III when it registered the player. The
yearly amount set for category III clubs in UEFA corresponds to EUR 30,000.
19.
In view of all the above, the Claimant is entitled to receive training compensation of EUR
24,986.30 for the training and education provided to the player during the 304 days of
the calendar years of his 16th and 17th birthdays.
20.
the Respondent has to pay, in conformity with the longstanding practice of the DRC,
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 31 October 2022, until the date of
effective payment.
21.
Consequently, the claim of the Claimant is accepted.
22.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of training rewards.
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REF TMS 12834
23.
Thus, the amount claimed by the Claimant corresponds to an amount lower than USD
49,999. Therefore, procedural costs levied in this respect are fixed at USD 5,000 (cf. art.
2 of Annexe 1 to the Procedural Rules).
24.
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.
25.
In view the specific circumstances of the case, procedural costs shall be set at USD 2,500.
26.
Given the outcome of the claim, the procedural costs shall be borne by the Respondent.
27.
Art. 24bis RSTP is applicable to the matter at hand.
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REF TMS 12834
III. DECISION
1. The claim of the Claimant, Tchadense, is accepted.
2. The Respondent, CFEA-Club Football Estrela, has to pay to the Claimant the amount
of EUR 24,986.30 of training compensation plus 5% interest p.a. as from 31 October 2022
until the effective date of 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 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 2,500 are to be paid by the
Respondent to FIFA reference to case no. TMS 12834 (cf. note relating to the payment of
the procedural costs below).
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF TMS 12834
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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