Training Compensation
Texto da decisão
REF TMS 10998
Decision of the
Dispute Resolution Chamber
passed on 19 December 2023
regarding training compensation for the
player ENRICHI FINICA
BY:
Mr. Frans de Weger (the Netherlands), Single Judge of the
Dispute Resolution Chamber of the Football Tribunal
CLAIMANT:
CSCT Buiucani, Moldova
RESPONDENT:
FC Rapid 1923, Romania
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REF TMS 10998
I. FACTS OF THE CASE
Player:
ENRICHI FINICA
Date of birth:
19 July 2002
Player passport (s):
- issued by the Football Association of Moldova (FMF):
Season
Birthday Club(s)
2014/15
th
th
th
12
2015/16
13
2016/17
14
Registration dates
Status
CSCT Buiucani
04/09/14
31/05/15
Amateur
CSCT Buiucani
01/06/15
31/05/16
Amateur
CSCT Buiucani
01/06/16
31/12/16
Amateur
- issued by the Romanian Football Federation (FRF) and made available by:
o
Season
FIFA completion request dated 20 September 2022:
Birthday Club(s)
2019/20
Registration dates
Status
FC Rapid 1923
07/02/20
26/08/20
Amateur
ACS Juniorul 2014
26/08/20
28/08/200
Professional
19
FC Rapid 1923
28/08/20
30/06/21
Pro (on loan)
20th
th
th
th
18
2020/21
19
2021/22
FC Rapid 1923
17/07/21
04/08/21
Professional
th
AFC Unirea Constanta
04/08/21
26/08/21
Pro (on loan)
th
20
FC Rapid 1923
26/08/21
03/08/22
Professional
21st
ACS Municipal
03/08/22
15/06/23
Pro (on loan)
20
2022/23
Politehnica Iasi
o
Season
2020/21
the Claimant
Birthday Club(s)
th
18
FC Rapid 1923
on 30 September 2022:
Registration dates
07/02/20
26/08/20
Status
Amateur /
Professional
2020/21
19th
ACS Juniorul 2014
26/08/20
28/08/20
Professional
Bucuresti
th
FC Rapid 1923
28/08/20
30/06/21
Pro (on loan)
th
FC Rapid 1923
17/07/21
04/08/21
Professional
th
20
AFC Unirea Constanta
04/08/21
26/08/21
Pro (on loan)
21st
FC Rapid 1923
26/08/21
00/00/00
Professional
19
2021/22
2022/23
20
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REF TMS 10998
o
Season
2016/17
FRF to FIFA via e-mail on 23 November 2023:
Birthday Club(s)
th
th
15
15
Registration dates
Status
ACS Viitorul Domnesti
20/02/17
08/03/17
Amateur
ACS Juniorul 2014
08/03/17
16/08/17
Amateur
16/08/18
06/08/19
Amateur
06/08/19
07/02/20
Amateur
Bucuresti
2018/19
17th
2019/20
th
SC FC Metaloglobus
Bururesti
18
ACS Juniorul 2014
Bucuresti
th
FC Rapid 1923
07/02/20
26/08/20
Amateur
th
ACS Juniorul 2014
26/08/20
28/08/20
Professional
18
2020/21
19
Bucuresti
2021/22
th
19
FC Rapid 1923
28/08/20
17/07/21
Pro (on loan)
20th
FC Rapid 1923
17/07/21
04/08/21
Professional
th
FCV Farul Constanta
04/08/21
26/08/21
Pro (on loan)
th
20
FC Rapid 1923
26/08/21
03/08/22
Professional
21st
ACS Poli Iasi
03/08/22
08/07/23
Pro (on loan)
20
2022/23
Date of registration: in August 2020, but disputed if with ACS Juniorul 2014 Bucuresti, or with
FC Rapid 1923
Claimant club:
CSCT Buiucani (Moldova)
Respondent club: FC Rapid 1923 (Romania)
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1.
On 22 August 2022, the Claimant lodged the present claim and requested
EUR 23,260.67 as training compensation for the first registration of the player as a
professional with the Respondent plus 5% interest p.a. as of the due date, until the date
of effective payment.
2.
The Claimant
as an amateur for 849 days between
4 September 2014 and 31 December 2016, until the season of his 14th birthday.
3.
To reach the abovementioned amount, the Claimant, considering the Respondent a
UEFA category III club, multiplied pro rata the registration period of the player by the
training costs of UEFA category IV clubs, which is applicable for the training provided
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REF TMS 10998
from the age of 12 to 15, according to Annexe 4 of the FIFA Regulations on the Status
and Transfer of Players (RSTP).
4.
The Claimant presented as evidence an e-mail exchange with the FRF in which the
write on 3 August 2022,
registration in Romania
the document mentions the status Amateur/Professional for the
period 07.02.2020/26.08.2020. Is our interpretation correct that the player started as
.
5.
In accordance with the evidence provided by the Claimant, the FRF replied on that same
day,
6.
Subsidiarily, the Claimant stated that if the registration of the player with ACS Juniorul
2014 Bucuresti from 26 August 2022 until 28 August 2022 is considered by the DRC as
his first as a professional, that this should be seen as an attempt to circumvent the RSTP
in accordance with par. 24
and its article 5bis, par. 2:
24. Bridge transfer: any t
of the same player
connected to each other and comprising a registration of that player with the
middle club to circumvent the application of the relevant regulations or laws
and/or defraud another person or entity.
5bis Bridge transfer
2. It shall be presumed, unless established to the contrary, that if two
consecutive transfers, national or international, of the same player occur within
a period of 16 weeks, the parties (clubs and player) involved in those two
transfers have participated in a bridge transfer
7.
According to the Claimant, ACS Juniorul 2014 Bucuresti is a UEFA category IV club
exclusively dedicated to the training of youth players that does not take part in
professional football competition. The Claimant presents as evidence an extract from
ACS Juniorul 2014 Bucuresti website that states that ACS JUNIOR 2014
has as its stated
objective and purpose "the identification and valorization of young talents in the practice of
performance football, respecting all the regulations and instructions of the National Sports
Agency and those of the Romanian Federation of Football".
8.
The social media of ACS Juniorul 2014 Bucuresti is also emphasized by the Claimant,
which quotes from it,
grow together! Starting with the age of 4 to 18
. The Claimant stresses this should be comprehended as the player not being able
to continue at ACS Juniorul 2014 Bucuresti beyond the age of 18 and this would have
been confirmed by his move to the Respondent at the start of the season of his 19 th
birthday.
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9.
The Respondent, on its reply, stated that no training compensation should be due as the
player had been previously registered as a professional with ACS Juniorul 2014 Bucuresti
.
10.
The Respondent provides as evidence a
issued by the
where the player is shown registered with the Respondent on 7
February 2020, with ACS Juniorul 2014 Bucuresti on 26 August 2020 and with the
Respondent once again on 28 August 2020.
11.
It is also presented as evidence the English translation of a loan agreement between ACS
Juniorul 2014 Bucuresti and the Respondent dated 26 August 2020.
12.
The Respondent is of the opinion that the claim of the Claimant does not respect the
statute of limitations of the RSTP. The Respondent argued the Claimant would have until
21 August 2022 to file its claim, i.e. two years after the alleged
as a professional with ACS Juniorul 2014 Bucuresti, and it did on 22 August 2022.
13.
ACS Juniorul 2014 Bucuresti for years and being involved in competitions prior to his first
professional contract with the latter to bring light to the DRC on comprehending the
14.
The Respondent also challenged the player ever being registered with the Claimant at
the FMF. It informed the DRC that legal proceedings were in place before the Chisinau
15.
The Claimant, on its replica, quoted art. 3, par. 2 of Annexe 4 RSTP, which determines
that
of the
.
16.
For that reason,
been on 21 August 2020, a training compensation claim could have been filed until 21
September 2022 and the present claim was filed on 22 August 2022 so within the statute
of limitations.
17.
been registered as a professional on
issued by the
combined with the
would confirm the
registered there from 7 February 2020 until 26 August 2020.
18.
Regarding
, being discussed before
the Chisinau District Court, the Claimant provided as evidence the decisions of this court
and of the appeal
registration before the FMF was rejected and the appeal was dismissed.
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REF TMS 10998
19.
Because of this, the Claimant stated that the information shown on the FMF player
passport would have been confirmed by sporting and national authorities.
20.
In its final allegations, the Respondent reinforced its previous remarks.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): August 2020
edition.
Procedural Rules Governing the Football Tribunal (Procedural Rules):
March 2023 edition.
Jurisdiction:
Yes, uncontested
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 contested the admissibility of the claim deeming that it was timebarred.
3.
Art. 13 par. 4 of the Procedural Rules indicates that a chamber may consider and rely on
any evidence not presented by the parties, including without limitation the evidence
generated by or within TMS.
4.
According to the information made available by the FRF, and confirmed by the
Respondent, the player was first registered as a professional around 21 August 2020.
5.
In accordance with art. 3 par. 1 and 2 of Annexe 4 of the RSTP, training compensation is
to be paid 30 days following the registration of the player with the new association.
6.
Any potential training compensation due as a result of the player being registered as a
professional with the Respondent on 21 August 2020 was to be paid by the latter to any
entitled club on 20 September 2020.
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REF TMS 10998
7.
The Claimant lodged its claim on 22 August 2022.
8.
According to the RSTP (August 2020 edition), the DRC shall not hear any case subject to
the Regulations if more than two years have elapsed since the event giving rise to the
dispute.
9.
Consequently, given that the Claimant lodged its claim on 22 August 2022 which is less
than two years since the event giving rise to the dispute, i.e. on 21 September 2020, the
claim of the Claimant is admissible, regardless of the arguments of the Respondent in
this respect.
10.
The Respondent argues that a procedure was opened before the Chisinau District Court
11.
Art. 13, par. 5 of the Procedural Rules determines that
12.
In accordance with the evidence provided by both Claimant and Respondent in the TMS,
and the
relevant
uncontested.
13.
As per the FMF player passport, the player was registered with the Claimant for 849 days
between the seasons his 12th and 14th birthdays.
14.
, disputed if with the Respondent or with
ACS Juniorul 2014 Bucuresti, occurred in August 2020, season
9th
birthday.
15.
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.
16.
The Claimant provides as evidence an e-mail exchange with the
Roxana Berceanu, in which the latter apparently confirms the player
as a professional with the Respondent on 26 August 2020.
17.
Moreover, the Claimant is of the opinion that, as shown on all the FRF player passports
abovementioned,
period with the Respondent, from
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REF TMS 10998
February until August 2020, followed by a two-day registration with ACS Juniorul 2014
Bucuresti before the return to the Respondent constitutes an unusual movement.
18.
The DRC recalls that in line with art. 13 par. 4 of the Procedural Rules, it may consider
and rely on any evidence not presented by the parties, including without limitation the
evidence generated by or within TMS.
19.
From the FRF player passport presented by the Claimant the player was registered as an
amateur and as a professional with the Respondent. The FRF representative, Ms. Roxana
Berceanu, expressed via e-mail to the Claimant
registration occurred with the Respondent.
20.
Both FRF player passports sent by the FRF to the FIFA general secretariat show that the
player was registered for six months with the Respondent as an amateur, then for two
days with ACS Juniorul 2014 Bucuresti, where he would have registered as a professional,
then on loan and later permanently transferred to the Respondent.
21.
The Respondent provided a loan agreement involving ACS Juniorul 2014 Bucuresti dated
26 August 2020, the day on which the player would have been registered with the latter
for the first time as a professional.
22.
In light of the above, it is undisputed that ACS Juniorul 2014 Bucuresti did not use the
services of the player after his apparent first registration as a professional on 26 August
2020.
23.
Bearing all the above in mind, in particular in line with the principle of the burden of
proof of art. 13 par. 5 of the Procedural Rules, it can be concluded that
effective first registration as a professional occurred with the Respondent on 26 August
2020.
24.
Consequently, training compensation is due to the Claimant.
25.
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 UEFA category IV clubs.
26.
The yearly amount set for category IV clubs in UEFA corresponds to EUR 10,000.
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27.
Consequently, the Claimant is entitled to training compensation of EUR 23,260.27 for the
the seasons of 12th and 14th
birthdays.
28.
Furthermore, the Claimant requested to be awarded 5% interest p.a. as of the due date
until the effective date of payment.
29.
Ta
-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 26 September 2020 until the date of
effective payment.
30.
In view of all the above, the claim of the Claimant is accepted, and the Claimant is entitled
to receive EUR 23,260.27 as training compensation plus 5% interest p.a. on that amount
as from 26 September 2020 until the date of effective payment.
31.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of training rewards.
32.
The Claimant claimed the amount of EUR 23,260.27. Thus, the amount claimed by the
Claimant corresponds to an amount below USD 49,999.99.
33.
Therefore, procedural costs levied in this respect are fixed at USD 5,000 (cf. art. 2 of
Annexe 1 to the Procedural Rules).
34.
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.
35.
In view the specific circumstances of the case, procedural costs shall be set at USD 2,500.
36.
In view of the outcome of the claim, said costs shall be borne by the Respondent in full.
37.
Art. 24bis RSTP is applicable to the matter at hand.
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III. DECISION
1. The claim of the Claimant, CSCT Buiucani, is accepted.
2. The Respondent, FC Rapid 1923, has to pay to the Claimant the amount of EUR 23,260.27
as training compensation plus 5% interest p.a. as from 26 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 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 10998 (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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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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