Training Compensation
Texto da decisão
TMS 9750
Decision of the
Dispute Resolution Chamber
passed on 18 March 2022
regarding training compensation in relation with the registration of the player BI IRIE FERNAND
GOURE
BY:
Philippe Diallo (France), member of the Dispute Resolution Chamber of the Football
Tribunal
CLAIMANT:
GENESA FC, Ivory Coast
RESPONDENT:
MACCABI NETANYA FC, Israel
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TMS 9750
I. FACTS OF THE CASE
Player:
BI IRIE FERNAND GOURE
Date of birth:
12 April 2002
Player passports:
(1) issued by the Fédération Ivoirienne de Football (FIF) on 24 August 2021
Year
2014
2015
2016
Birthday
12th
13th
14th
Club(s)
GENESA FC
GENESA FC
GENESA FC
2017
2018
15th
16th
2019
2020
17th
18th
GENESA FC
GENESA FC
CF Lanfiara
CF Lanfiara
AS Denguele
Registration dates
08/12/14 – 31/12/14
01/01/15 – 30/11/15
06/01/16 – 30/11/16 &
07/12/16 – 31/12/16
01/01/17 – 30/11/17
10/01/18 – 26/11/18
27/11/18 – 31/12/18
01/01/19 – 31/05/19
02/01/20 – 31/05/20
Status
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
(2) issued by the Israel Football Association (IFA) on 13 August 2021
Year
2020
2021
Birthday
18th
19th
Club(s)
Maccabi Netanya FC
Maccabi Netanya FC
Registration dates
09/12/20 – 31/12/20
01/01/21– 31/05/21
01/06/21 – 13/08/21
Status
Amateur
Amateur
Professional
Registration:
1 June 2021, as a professional with Maccabi Netanya FC (Israel)
Claimant club:
Genesa FC (Ivory Coast)
Respondent club:
Maccabi Netanya FC (Israel)
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1.
On 18 November 2021, the Claimant requested EUR 59,808.22, “plus 5% p.a. interest as of the due
date, until the date of effective payment”. The Claimant is basing his claim on the first registration of
the player as a professional with the Respondent.
2.
On 8 February 2022, the FIFA Administration issued a proposal to the parties, suggesting that the
Respondent shall pay training compensation of EUR 55,068.48 to the Claimant.
3.
On 10 February 2022, the Claimant accepted the proposal.
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TMS 9750
4.
On 10 March 2022, the Respondent rejected the claim of the Claimant.
5.
The Respondent explained that on 9 December 2020, it entered into a transfer agreement with the
Ivorian club AS Denguele regarding the player.
6.
In this respect, the Respondent pointed out that AS Denguele was a professional club, and concluded
said agreement on the understanding that the player was registered as a professional with AS
Denguele. In particular, the Respondent declared that the player had also previously signed a
professional contract with CF Lanfiara.
7.
Based on the representations made by AS Denguele that the player was a free agent and that there
were no financial obligations towards any third party, the Respondent concluded that the player was
“free to sign with any club without payment of any kind”.
8.
The abstract of the transfer agreement provided by the Respondent does not make any mention of
the alleged professional status of the player with AS Denguele.
9.
What is more, the Respondent stated that since it paid a transfer fee to AS Denguele, any training
compensation that may have been due was included in said fee, in line with the jurisprudence of the
DRC.
10.
Asa such, the Respondent concluded that no training compensation was due to the Claimant.
11.
In continuation, the Respondent alleged that the player had terminated his training period before
registering with the Respondent, since he was under professional contract with CF Lanfiara and AS
Denguele, and that he played “several” first team fixtures with the latter, making him an important
player of the club.
12.
Equally, the Respondent pointed out that since the player was already a professional in Ivory Coast,
his registration as a professional with it would constitue a subsequent registration of a professional
player in the sense of the RSTP, and as such, training compensation would only be due to his former
club, i.e. AS Denguele.
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TMS 9750
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): February 2021 edition.
Procedural Rules Governing the Football Tribunal (Procedural Rules): October 2021
edition.
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Proposed Decision:
1.
The claim of the Claimant is based on the first registration of the player as a professional with the
Respondent.
2.
The player passport provided by the FIF indicates that the player was always registered as an amateur
in Ivory Coast since the beginning of the calendar year of his 12th birthday, and was registered with
the following clubs:
a. The Claimant;
b. CF Lanfiara; and
c. AS Denguele.
3.
It undisputed that on 9 December 2020, the player transferred from AS Denguele to the Respondent,
where he first registered as amateur, before registering as a professional on 1 June 2021, during the
calendar year of the player’s 19th birthday.
4.
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.
5.
Based on the above, training compensation is in principle due.
6.
As per art. 3 par. 1 of Annexe 4 RSTP, 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 previously been registered (in accordance with
the players’ career history as provided in the player passport) and that has contributed to his training
starting from the calendar year of his 12th birthday.
7.
In casu, the new club, i.e. the Respondent, should in principle pay training compensation to the
player’s training clubs, including but not limited to the Claimant.
8.
Nevertheless, the Respondent argued that training compensation was not due to the Claimant
because:
a. The player was a professional with his two last clubs in Ivory Coast, CF Lanfiara and AS
Denguele;
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b. Any due training compensation was included in the fee that it paid to AS Denguele; and
c. The player had terminated his training period before registering with it.
9.
In line with art. 13 par. 5 of the Procedural Rules, a party that asserts a fact has the burden of proving
it.
10.
In the present matter, the Respondent carries the burden of proving that the player was a
professional with his last two clubs in Ivory Coast, CF Lanfiara and AS Denguele, and that the player
had terminated his training period before registering with it.
11.
The Respondent did not provide any evidence in support of these two allegations, such as a copy of
the alleged contracts the player had with CF Lanfiara and/or AS Denguele, or the player’s
appearances record.
12.
Therefore, these allegations are dismissed, and it is established that the player was always registered
as an amateur in Ivory Coast.
13.
Consequently, it is determined that the registration of the player constituted his first professional
registration in the sense of art. 2 par. 1 lit. i) and art. 3 par. 1 of Annexe 4 RSTP.
14.
As such, it is not possible to consider that a player, having been always registered as an amateur up
until the calendar year of his 19th birthday, would have indeed terminated his training period before
turning professional for the first time.
15.
Training compensation is due to the Claimant on the basis of the first professional registration of the
player with the Respondent before the end of the calendar year of his 23rd birthday.
16.
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.
17.
The player registered with the Respondent as a professional on 1 June 2021, as per the IFA player
passport.
18.
Thus, the Respondent had until 1 July 2021 to pay any due training compensation.
19.
It is uncontested that to date, the Respondent has not paid any due training compensation to the
Claimant. The training compensation debt became overdue on 2 July 2021.
20.
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 previously been registered (in accordance
with the players’ career history as provided in the player passport) and that has contributed to his
training starting from the calendar year of his 12th birthday.
21.
As per art. 5 par. 2 of Annexe 4 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
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TMS 9750
number of years of training, in principle from the calendar year of the player’s 12 th birthday to the
calendar year of his 21st birthday.
22.
As indicated in the FIF player passport, the player was registered with the Claimant as follows:
a. From 8 December 2014 until 31 December 2014, i.e. 24 days of the calendar year of the
player’s 12th birthday;
b. From 1 January 2015 until 30 November 2015 i.e. 334 days of the calendar year of the
player’s 13th birthday;
c. From 6 January 2016 until 30 November 2016 and as from 7 December 2016 until 31
December 2016, i.e. 355 days of the calendar year of the player’s 14th birthday;
d. From 1 January 2017 until 30 November 2017, i.e. 334 days of the calendar year of the
player’s 15th birthday; and
e. From 10 January 2018 until 26 November 2018, i.e. 321 days of the calendar year of the
player’s 16th birthday.
23.
The Respondent was classified as UEFA Category III when it registered the player. The yearly amount
set for UEFA Category III clubs is set at EUR 30,000.
24.
As per art. 5 par. 3 of Annexe 4 RSTP, in order 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 of
their 12th and 15th birthdays (i.e. four seasons) shall be based on the training and education costs
of category 4 clubs.
25.
The yearly amount foreseen for UEFA Category IV clubs is EUR 10,000.
26.
Consequently, the Claimant is entitled to receive EUR 55,068.48, corresponding to:
a. EUR 657.53 for the training and education provided to the player during the course of the
calendar year of his 12th birthday;
b. EUR 9,150.68 for the training and education provided to the player during the course of the
calendar year of his 13th birthday;
c. EUR 9,726.03 for the training and education provided to the player during the course of the
calendar year of his 14th birthday;
d. EUR 9,150.68 for the training and education provided to the player during the course of the
calendar year of his 15th birthday; and
e. EUR 26,383.56 for the training and education provided to the player during the course of
the calendar year of his 12th birthday.
27.
Furthermore, the Claimant requested to be awarded interest amounting to 5% per annum, “as per
the due date”.
28.
Taking into consideration the Claimant’s claim as well as art. 3 par. 2 of Annexe 4 RSTP, 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 2 July 2021 until the date of effective payment.
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29.
Consequently, the claim of the Claimant is partially accepted.
30.
Any further claim of the Claimant is rejected.
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 59,808.22.
33.
Thus, the amount claimed by the Claimant corresponds to an amount higher than USD 50,000 and
lower than USD 99,999. Therefore, procedural costs levied in this respect are fixed at USD 10,000 (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 that each
party is due to pay, in consideration of the parties’ degree of success and their 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 6,000.
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, Genesa FC, is partially accepted.
2. The Respondent, Maccabi Netanya FC, shall pay to the Claimant EUR 55,068.48 as training
compensation, plus 5% interest p.a. as of 2 July 2021 until the date of effective payment.
3. Any further claim of the Claimant is rejected.
4. Full payment (including all applicable interest) shall be made to the bank account indicated in the
enclosed Bank Account Registration Form.
5. 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 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.
6. The consequences shall only be enforced at the request of the Claimant.
7. The final costs of the proceedings in the amount of USD 6,000 are to be paid by the Respondent to FIFA
with reference to case no. TMS 9750 (cf. note relating to the payment of the procedural costs below).
For the Dispute Resolution Chamber:
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 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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