Training Compensation
Texto da decisão
TMS 12886
Decision of the
Dispute Resolution Chamber
passed on 8 January 2024
regarding training compensation in relation with the registration of the
play
player Jorg
Jorge Hernandez
BY:
Stefano Sa
Sart
Sartori
rtor
rt
ori ((Italy),
or
Italy),
It
y), Me
Memb
Member
mber
mb
er of the
he D
Dis
Dispute
ispu
is
pute
pu
te Resolution Chamber of the
Foot
otba
ot
ball Tribunal
ba
Tribuna
T
nal
na
Football
CLAIMANT:
CLAIMA
MANT
MA
NT:
NT
LA
L
AG
GALAXY,
ALAXY, USA
RESPONDENT:
FC CHORNOMORETS ODESA, Ukraine
Page 2 of 10
TMS 12886
I. FACTS OF THE CASE
Player:
Jorge Hernandez
Date of birth:
8 November 2000
Player passport: issued by the U.S. Soccer Federation (USSF) on 18 February 2022.
Season
Birthday
17
17
17/18
17th – 18th
th
18
18
18
18th
19
th
19/21
19
Club(s)
th
th
st
19 – 21
Registration dates
Status
LA Galaxy II
20.03.2017 -30.11.2017
Amateur
LA Galaxy - DA
01.07.2017 – 31.12.2017
Amateur
LA Galaxy II
13.03.2018 – 30.11.2018
Amateur
LA Galaxy - DA
23.04.2018
23.04.
4.20
4.
2018
20
18 – 23.04.2018
Amateur
LA Galaxy II
04.03.2019
04.0
04
.03.
.0
3.20
3.
2019 - 31.08.2019
20
Amateur
LA Galaxy II
01.09.2019
01.09.20
2019
20
19 - 30.11.2021
Professional
Transfers (as per the information
inform
rmat
rm
ation available
at
avai
av
ailable
ai
e in T
TMS
TMS):
MS):
MS
):
(1) 18 Fe
(1
Febr
brua
br
uary 2022,
202
022
02
2, from
om LA G
Galaxy (USA) to FC Chornomorets Od
February
Odesa
(Ukr
krai
kr
aine),
ai
), engag
aged
ag
ed perm
rman
rm
anently out of contract.
an
(Ukraine),
engaged
permanently
Claimant
nt club:
LA Galax
axy
ax
y
Galaxy
CONCACAF, category IV (USD 2,000 per year)
Respondent clu
lub:
lu
b:
club:
FC Chornomorets Odesa
UEFA, category II (EUR 60,000 per year)
Claim and Response:
1.
On 9 May 2023, the Claimant requested EUR 359,095.89 as training compensation plus
5% interest per annum from the date on which such sum ought to have been paid.
2.
The player signed its first professional contract with the Claimant on 1 September 2019.
Said contract expired on 30 November 2021 and the player signed its following contract
until 18 February 2022 with FC Chornomorets Odesa (First Respondent).
3.
The Claimant manifested that it knew such contract had been terminated prematurely
due to the Russian military invasion on Ukraine.
Page 3 of 10
TMS 12886
4.
It even indicated that the player did not participate in a single competitive match during
the shortened term of its contract with the First Respondent.
5.
The player was subsequently transferred to the Belgian club, Koninlijke Voetblaclub
Mechelen (Second Respondent).
6.
Initially the Claimant contacted the Second Respondent for the payment of the
corresponding training compensation. After exchanging correspondences, the Second
Respondent provided proof that the club responsible to pay training compensation was
the First Respondent.
7.
The Claimant tried to contact the First Respondent; however, it did not receive a
response.
8.
Respondent as it considered
Once again, the Respondent reached out to the
he Second
S
consider it
the “de facto new club for the purposes of the
the FIFA
FFIF
IFA
IF
A Regulations on Training Compensation.”
Compensati
9.
Considering the complexity
ty of
of the
the case,
case
se, the
se
the Claimant
Claima
mant decided to lodge the present
ma
pr
Res
R
espond
es
nden
nd
ents
en
ts, so that
tha
hat FIFA
ha
FI
ccou
ould determine which club
ou
clu is
dispute against both Respondents,
could
responsible to pay
ay training
ttrain
inin
in
ing compensation.
in
comp
co
mpen
mp
ensa
en
sation
sa
on.
on
10.
the matter
matt
ma
tter would
tt
wou
ould continue
ou
ccon
ontinu
on
nue
nu
e against
agains
nst the
ns
the First Respondent, the Claimant claimed
cla
In case the
EUR
R 359,095.89.
359,09
35
095.
09
5.89
5.
89.
89
11.
c
the matter
matt
ma
tter wou
tt
ould continue
ou
con
ontinu
on
nue
nu
e against the Second Respondent, the Claimant claimed
clai
In case
the
would
EUR
R 536,54
547.
7.95
7.
95.
95
536,547.95.
12.
general
The FIFA
FA gener
eral secretariat informed the Claimant that due to TMS technical issues it is
er
not possible
poss
ssib
ss
ible
ib
le to lodge a claim against two respondents and thus was invited to pick
against which club it wanted to direct its claim.
13.
rec
The Claimant was also informed that in case the FIFA general secretariat did not receive
any
an further comments,
comments the claim would continue against the First Respondent, i.e.,
i. FC
Chornomorets Odesa.
14.
On 25 May 2023, the FIFA general secretariat submitted a proposal to the parties
suggesting that the Respondent should pay to the Claimant the sum of EUR 198,754.10
as training compensation plus 5% interest per annum as from 21 March 2022 until the
date of effective payment.
15.
The Claimant rejected the proposal because there was a mistake in the dates in which
the player had been registered with it, giving a lower amount of solidarity contribution.
Therefore, it requested the correction of the proposal.
Page 4 of 10
TMS 12886
16.
On the other hand, the Respondent requested an extension and then did not provide
any further comments.
17.
On 25 August 2023, the FIFA general secretariat submitted a corrected proposal to the
parties suggesting that the Respondent should pay to the Claimant the sum of EUR
234,800.81 as training compensation plus 5% interest per annum as from 21 March 2022
until the date of effective payment.
18.
The Claimant accepted the proposal; however, the Respondent rejected it.
19.
The main reason why the Respondent rejected the proposal was because it “did not profit
from the player’s short-term registration with it, during which there was no official match in
Ukraine where the player could play.”
20.
Just after 20 days of the registration of the player,
play
ayer
ay
er, the Respondent had to release him
er
due to the Russian invasion in Ukraine..
21.
Responden
ent,
en
t, the
the new
ew club
clu
lub
lu
b of the
he player should be the one who
According to the Respondent,
servi
vice
vi
ces,
ce
s, i.e.,
., the
the third
thir
ird club.
ir
club
ub.
ub
benefitted from his services,
22.
did not
not provide
pro
p
rovide
ro
de any
any further
ffurth
ther comments
th
ccom
omment
om
nts regarding the arguments
argument put
The Claimant did
the Respondent.
Respond
R
nden
nd
ent.
en
t.
forward by the
II.
I. LEG
LEGAL
GAL CONSIDERATIONS
CON
NSIDER
RATIO
ONS
Applicable llaw
law:
aw:
aw
Regulations on the Status and Transfer of Players (RSTP): August 2021
edition
Rules):
Procedural Rules Governing the Football Tribunal (Procedural R
October 2021 edition
Decision:
1.
The claim of the Claimant is based on the subsequent registration of the player as
professional with the Respondent.
2.
The Respondent held that it was not responsible to pay training compensation for the
registration of the player because it did not benefit from it.
3.
After 20 days of the registration of the player, he was released as a free agent due to the
Russian invasion on Ukrainian territory.
4.
The player did not play a single match with the Respondent.
Page 5 of 10
TMS 12886
5.
According to the player passport issued by the USSF the player was registered with the
Claimant as follows:
a) From 20 March 2017 until 1 July 2017, i.e., during 104 days of the year of the player’s
17th birthday;
b) From 13 March 2018 until 22 April 2018 and from 24 April 2018 until 30 November
2018, i.e., during 262 days of the year of the player’s 18th birthday;
c) From 4 March 2019 until 31 December 2019, i.e., during 303 days of the year of the
player’s 19th birthday;
d) From 1 January 2020 until 31 December 2020, i.e., during 366 days of the year of
the player’s 20th birthday; and
e) From 1 January 2021 until 30 November 20
2021, i.e., during 334 days of the yea
year of
the player’s 21st birthday.
For a total of 1369 days.
6.
Article 2, par. 1, b) o
off Annexe
Anne
An
nexe 4 of
ne
of the
the RSTP
RSTP clearly
cle
lear
le
arly
ly stipulates
ssttip
ipul
ulat
ul
ates
at
es that training compensation
compensa
professional
transferred
between
is due when
n a pr
profes
essi
es
sional
si
al is transf
sfer
sf
erred
er
d betw
twee
tw
een clubs of two different association.
association
7.
In ccasu,, th
the
e player
er was transferred
ttra
rans
ra
nsfe
ns
ferred
fe
ed from
f
Ukra
the U.S. Soccer Federation to the Ukrainian
Association
Football.
Therefore,
Asso
As
sociat
so
atio
at
ion
io
n of Footb
tbal
tb
all. Th
al
Ther
erefor
er
ore,
or
e, the pre-condition stated above is fulfilled.
8.
The obligation
obligati
ob
tion
ti
on of paying training compensation is triggered by the registration of the
Annexe
player, no
not by the
t profit (or not) from him. This is supported by article 3, par. 1 of Ann
RSTP
is
4 of the R
RST
STP which indicates that “(…) the club with which the player is registered
ST
registe
responsible for paying training compensation within 30 days of registration to every club with
which the player was previously been registered (…).”
9.
It is undisputed that the player subsequently registered with the Respondent as a
professional on 18 February 2022, i.e., during the course of the calendar year of the
player’s 22nd birthday, as an out of contract player.
10.
As such, training compensation is due.
11.
Art. 3 par. 1 of Annexe 4 of the RSTP stipulates that in the case of subsequent transfers
of the professional, training compensation will only be owed to his former club for the
time he was effectively trained by that club.
Page 6 of 10
TMS 12886
12.
As such, the Claimant is entitled to receive training compensation for the subsequent
professional registration of the player with the Respondent.
13.
In view of all the above, it is established that training compensation is due to the
Claimant for the period the player was registered with as described in paragraph II.5.
14.
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.
15.
The player registered with the Respondent on 18 February 2022.
16.
Thus, the Respondent had to pay any due training
2022.
ng compensation by 20 March 2022
17.
Respon
ondent did
on
did not pay training compensation to
t the
It is undisputed that to date the Respondent
Claimant.
18.
As per art. 5 par. 2 of Annexe
An xe 4 RSTP
RST
STP
ST
P in combination
ccom
ombi
bina
bi
nation
na
on with
wit
ith
h 3 par. 1 of Annexe 4 RSTP,
RST in
the case of subsequent
subs
su
bseq
bs
eque
uent
ue
nt transfers,
ttransfe
fers
fe
rs, training
traini
tr
ning compensation
ni
ccom
ompens
om
nsat
ation is calculated based on the
at
ng costs
ccos
osts
os
ts of
of the new
ne club
cl
mul
m
ultiplied
ul
d by the
the number of years of training with
wit the
training
multiplied
former
form
fo
rmer
rm
er club,
clu
lub,
lu
b, or
o on a pro
o rata
rata basis
ba if less than
th one year.
19.
The
The Claimant iis entitled
entitl
tled
tl
ed to
o training compensation for the 1369 days the player
playe was
regist
ster
st
ered with
er
w it during
durin
ing
g the
th calendar years of his 17th, 18th, 19th 20th and 21st birthdays.
birthd
registered
20.
Therefore,
Therefor
ore,
or
e, the
the Claimant shall receive training compensation in the amount of EUR
224,472.94.
21.
“ from the date
dat on
The Claimant requested the award of interest rate of 5% per annum, “as
which such sum ought to have been paid”.
22.
In this respect, the well-established jurisprudence of the DRC applies interests as from
the first overdue day for the payment of training compensation.
23.
The player was registered with the Respondent on 18 February 2022. According to art. 3
par. 2 of Annexe 4 RSTP, training compensation was to be paid to the training club(s) 30
days after said date, i.e., until 20 March 2022.
24.
As a result, the Claimant is entitled to receive 5% interests per annum as from the date
at which training compensation became overdue to the Claimant, that is to say as from
Page 7 of 10
TMS 12886
21 March 2022. The interest rate of 5% per annum on EUR 224,472.94. shall apply until
the date of effective payment of the outstanding training compensation and its
applicable interest.
25.
In view of all the above, the claim of the Claimant is partially accepted and the Claimant
shall receive EUR 224,472.94, as training compensation, plus 5% interest p.a. on that
amount, as from 21 March 2022 until the date of effective payment.
26.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of solidarity contribution.
27.
200,000.00
The Claimant is being awarded EUR 224,472.94., an amount above USD 200,000.00.
28.
Therefore, procedural costs levied in this respect
respe
pect
pe
ct are fixed to USD 25,000 (cf. art. 2 of
Annexe 1 to the Procedural Rules.
29.
the Procedural
Pro
rocedu
ro
dura
du
rall Rules,
ra
Ru
the chamber will decide the amount
amo
According to art. 25 par. 5 of the
the
o pay,
pa in
n consideration
cons
co
nsider
ns
eratio
er
ion
n of the
t parties’
par
arti
ar
ties
ti
es’ degree of success and their
es
that each party is due to
conduct during the
he procedure,
pro
roce
ro
cedure
re, as well
re
w l as any
any advance
adv
a
dvan
dv
ance
an
ce of
o costs paid. In exceptional
excep
s, the
the chamber
ccha
hamb
ha
mber may
mb
ay order
ord
rder
rd
er that
ttha
hat FIFA
ha
FIFA assumes all procedural costs.
circumstances,
30.
In view
vvie
iew
ie
w the
e specific
spec
sp
ecif
ec
ific circumstances
if
cir
ircu
ir
cums
cu
msta
ms
tances
ta
es of the
e case, procedural costs shall be set at USD
20,000.00.
20,000.0
20
.00
.0
0.
31.
vvie
iew of the
ie
he outcome
o
me of
of the
th claim, said costs shall be borne by the Respondent.
In view
32.
Art. 24, paragraphs
paragr
pa
grap
gr
aphs 7 and 8 are applicable.
ap
Page 8 of 10
TMS 12886
III. DECISION
1.
The claim of the Claimant, LA Galaxy II, is partially accepted.
2.
The Respondent, FC Chornomorets Odesa, has to pay to the Claimant, EUR 224,472.94
as training compensation plus 5% interest p.a. as from 21 March 2022 until the date
of effective payment.
3.
Any further claims of the Claimant are 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 24 of the Regulations on the Status and Transfer of Players if full
payment (including all applicable interest) is not
within 45 days of notification
ot paid
p
notificatio of
this decision, the following consequences
consequenc
nces
nc
es shall
shal
sh
all apply:
al
1. The Respondent shall be
be banned
bann
ba
nned
nn
ed from
fro
rom
ro
m registering
regi
gist
gi
ster
st
ering any new players, either
er
eit
nationally or intern
rnat
rn
atio
at
iona
io
nall
lly,
ll
y, up until
un the
th due
du amount
amou
am
ount is paid. The maximum
ou
maximu
internationally,
duration of the
e ban
n sh
shall be o
off three
th e entire
enti
tire
ti
re and
nd consecutive
ccon
onse
on
secutive registration periods.
se
peri
2. The presen
present
entt matter
en
matt
ma
tter shall
tt
s
be su
b
subm
submitted,
bmit
bm
itted, u
it
upo
upon
pon request, to the FIFA Disciplinary
po
Disciplin
Committee
Comm
mmit
mm
itte
it
tee
te
e in the
he event
e nt that full
full payment
payme
ment
me
nt (including all applicable interest) is still
entire and consecutive registrat
registration
nott paid
no
paid by the
th en
end
d of the of
of the three
th
periods.
peri
riod
ri
ods.
od
6. The consequences
conseque
co
uenc
ue
nces shall
nc
shal
sh
alll only
al
on be enforced at the request of the Claimant
Claiman in
accordance
accordan
ance with
an
wi article 24 paragraphs 7 and 8 of the Regulations on the Status and
Transfer of
o Players.
Play
ayer
ay
ers.
er
7. The final costs of the proceedings in the amount of USD 20,000.00 are to be paid
pa by
the Respondent to FIFA reference to case no. TMS 12886 (cf. note relating to the
payment of the procedural costs below).
For the Football Tribunal
Emilio García
G cí Silv
Silvero
Chief Legal & Compliance Officer
Page 9 of 10
TMS 12886
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 IN
INFO
INFORMATION:
FORM
FO
RMAT
RM
ATION:
Fédération Int
Internationale
nter
nt
ernati
er
tional
ti
ale de F
al
Footb
Football
tbal
tb
alll Association
al
FIFA-Strasse
FIFA-Stra
rass
ra
sse
ss
e 20 P.
P.O.
O. Box
ox 80
8044
44 Z
Zur
Zurich
urich S
ur
Swi
Switzerland
witzerland
wi
www.fifa.com | lleg
legal.fifa.com
egal
eg
al.f
al
.fifa.co
.f
com
m | CH
CHhe
[email protected]
help
lpdesk
lp
sk@f
sk
@fif
@f
ifa.
if
a.or
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or
g | T: +41 (0)43 222 7777
Page 10 of 10