Training Compensation
Texto da decisão
REF TMS 6040
Decision of the
Single Judge of the sub-committee of
the Dispute Resolution Chamber
passed on 26 November 2020
regarding training compensation related to the registration of the player
Aboubacar Sidiki Kouyate with AS Saint Etienne
BY:
Stefano Sartori (Italy), Single Judge of the sub-committee of the Dispute
Resolution Chamber
CLAIMANT:
Universidad San Martin, Peru
RESPONDENT:
AS Saint Etienne, France
Page 2 of 7
REF TMS 6040
I. FACTS OF THE CASE
Player:
Aboubacar Sidiki Kouyate
Date of birth:
3 November 1998
Player passport:
issued by the Federación Peruana de Fútbol (“F.P.F.”)
on 19 February 2020
Club
Universidad
San Martin
Country
Peru
Type of reg.
Permanent
From
03.04.2018
Sporting season:
1 January to 31 December (Peru)
Date of transfer:
21 August 2019, Côte d'Ivoire to France
Claimant club:
Universidad San Martin (Peru)
CONMEBOL, category III (USD 10,000 per year)
Respondent club:
AS Saint Etienne (France)
UEFA, category I (EUR 90,000 per year)
To
06.03.2019
Status
Non-amateur
Claim and Response:
1.
On 13 May 2020, the Claimant lodged a claim in front of FIFA requesting to be awarded training
compensation from the Respondent on the basis of the reacquisition of the professional status
of the player upon registering with the latter in August 2019.
2.
In this context, the Claimant referred to art. 3 par. 2 of the Regulations on the Status and Transfer
of Players (RSTP) as well as to the FIFA Commentary on the RSTP. In particular, the Claimant
sustained that “if the player reacquires professional status within 30 months of being reinstated
as an amateur, the new club shall pay training compensation to the former club(s) in accordance
with art. 20. Training compensation would be payable in such an event until the end of the
season of the player’s 23rd birthday”.
3.
In this context, the Claimant provided a player passport issued by the French Football Federation
on 26 February 2020, according to which the player reacquired the amateur status with the
Ivorian club, Lanfiara Sport D'Attecoube, before being re-registered as a professional with the
Respondent in August 2019.
4.
The Claimant deemed that because less than 30 months had elapsed between the player’s reregistration as an amateur (i.e. the registration with Lanfiara Sport D'Attecoube “after 6 March
2019”) and the moment the latter reacquired the professional status with the Respondent, it
Page 3 of 7
REF TMS 6040
was entitled to receive the sum of EUR 83,096 as training compensation from the Respondent
in accordance with art 3 par. 2 and art 20 RSTP.
5.
On 15 May 2020, the FIFA administration submitted a proposal to the parties suggesting that
the Respondent should pay to the Claimant the sum of EUR 82,849.32 as training compensation,
plus 5% interest p.a. as of the due date.
6.
The Respondent contested the entitlement of the Claimant to receive training compensation
arguing that the latter had terminated the player’s employment contract without just cause.
7.
In its replica, the Claimant held that “the Respondent has failed to prove the alleged fact that
the Claimant would have terminated the Player’s contract without just cause”.
8.
The Respondent failed to provide its final position on the matter.
II. LEGAL CONSIDERATIONS
Applicable law:
RSTP: October 2019 edition.
Procedural Rules: 2019 edition.
Jurisdiction:
Yes, uncontested.
Admissible:
Yes, uncontested.
Decision:
9.
In accordance with art. 20 of the RSTP in connection with art. art. 1 par. 1 and art. 2 par. 1 of
Annexe 4 of the RSTP, training compensation is payable by the new club of a player to the club(s)
that have trained him between the age of 12 and 21 (unless it is evident that he has already
terminated his training period before that) when the player is registered for the first time as
professional and each time the player is transferred as professional between clubs affiliated to
two different associations before the end of the season of his 23rd birthday.
10.
Art. 2 par. 2 of Annexe 4 of the RSTP establishes inter alia that no training compensation is to
be paid if a professional player reacquires amateur status on being transferred to a new club.
11.
Art. 3 par. 2 of the RSTP indicates that if a player is re-registered as a professional within 30
months of being reinstated as amateur, his new club shall pay training compensation in
accordance with art. 20 of the RSTP.
12.
In casu, the player reacquired amateur status after having been registered with the Claimant and
is re-registered with the Respondent as a professional.
Page 4 of 7
REF TMS 6040
13.
As per art. 3 par. 2 of the RSTP, the Claimant would in principle be entitled to receive training
compensation for the new registration of the player as a professional with the Respondent
before the end of his 23rd birthday season and within 30 months of the end of his previous
professional contract.
14.
Nevertheless, art. 20 of the RSTP only foresees training compensation to be paid (1) when a
player is registered for the first time as a professional or (2) when a professional player is
transferred between clubs affiliated to different associations.
15.
Given that, in the present case, the player was neither registered for the first time as a
professional nor he was a professional player transferred between clubs affiliated to different
associations, the Claimant is not entitled to receive training compensation.
16.
As such, the claim of the Claimant is rejected.
17.
No procedural costs are payable (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
Page 5 of 7
REF TMS 6040
DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Universidad San Martin, is rejected.
2.
No procedural costs are payable (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
For the Single Judge of the sub-committee of the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
Page 6 of 7
REF TMS 6040
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
Page 7 of 7