Training Compensation
Texto da decisão
REF TMS 6573
Decision of the
Single Judge of the sub-committee of
the Dispute Resolution Chamber
passed on 2 December 2020
regarding training compensation related to the registration of the player Di
Mateo Lovric with VfL Osnabrück
BY:
Stefano La Porta (Italy), Single Judge of the sub-committee of the Dispute
Resolution Chamber
CLAIMANT:
RNK Split, Croatia
RESPONDENT:
VfL Osnabrück, Germany
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REF TMS 6573
I. FACTS OF THE CASE
Player:
Di Mateo Lovric
Date of birth:
8 January 2000
Player passport:
issued by the Croatian Football Federation (CFF) on 21 April 2020
Club(s)
FC Hrvatski Dragovoljac
FC Lokomotiva
FC RNK Split s.d.d.
FC HNK Hajduk š.d.d.
FC Junak
Date from
21.08.2019
23.08.2017
12.08.2015
10.09.2014
12.03.2008
Date to
24.04.2018
04.08.2017
28.07.2015
15.08.2014
Sporting season:
1 July to 30 June (Croatia)
Date of transfer:
31 August 2018, Croatia to Germany
Claimant club:
RNK Split (Croatia)
UEFA, category IV (EUR 10,000 per year)
Respondent club:
VfL Osnabrück (Germany)
UEFA, category III (EUR 30,000 per year)
Status
Amateur
Amateur
Amateur
Amateur
Amateur
Reg. type
Permanent
Permanent
Permanent
Permanent
Permanent
Cat.
4
3
3
3
4
Claim and Response:
1.
On 12 August 2020, the Claimant claimed the payment of EUR 59,589 as training compensation
from the Respondent on the basis of the registration of the player with the latter, plus 5% per
annum interest as from the due date until the date of effective payment.
2.
On 11 September 2020, the FIFA administration submitted a proposal to the parties suggesting
that the Respondent should pay to the Claimant the sum of EUR 39,671.23 as training
compensation, plus 5% interest p.a. as of the due date.
3.
The Respondent rejected the proposal alleging that the Claimant had waived its right to receive
training compensation for the player. In support of its allegation, the Respondent provided the
copy of an untranslated document dated 8 May 2018.
4.
On 26 October 2020, the FIFA Administration requested the Claimant to submit its position on
the Respondent’s response by no later than 1 November 2020.
5.
The Claimant submitted its position on 13 November 2020.
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II. LEGAL CONSIDERATIONS
Applicable law:
RSTP: June 2018 edition.
Procedural Rules: 2019 edition.
Jurisdiction:
Uncontested.
Admissible:
Uncontested.
Decision:
6.
In line with art. 9 par. 3 of the Procedural Rules the Claimant’s second submission cannot be
admitted to the file. In this context, in accordance with art. 9 par. 3 of the Procedural Rules, a
decision shall be taken upon the basis of the remaining statements and documents presented
by the parties.
7.
In accordance with art. 9 par. 1 lit. e) of the Procedural Rules, the alleged waiver provided by
the Respondent cannot be taken into account as no translation of the document into one of the
official FIFA languages was accompanied.
8.
In view of the above, the argument of the Respondent cannot be considered and the latter is
liable to pay training compensation to the Claimant for the training of the player in accordance
with art. 20 and art. 2 par. 1 lit. i. and art. 3 par. 1 of Annexe 4 of the RSTP.
9.
The relevant training compensation due to the Claimant is to be calculated as follows:
10.
(i)
2015/2016 season (season of the Player’s 16th birthday): 324 days;
(ii)
2016/2017 season (season of the Player’s 17th birthday): 365 days; and
(iii)
2017/2018 season (season of the Player’s 18th birthday): 35 days;
The actual training costs are calculated, on a pro-rata basis, as follows:
(i)
2015/2016 season - on the basis of the average of the training costs of the parties (cf.
art. 6 par. 1 lit. a) of Annexe 4 of the RSTP ):
([EUR 30,000 + EUR 10,000] / 2) x (324 / 365) = EUR 17,753.42;
(ii)
2016/2017 season - on the basis of the average of the training costs of the parties (cf.
art. 6 par. 1 lit. a) of Annexe 4 of the RSTP ):
([EUR 30,000 + EUR 10,000] / 2) x (365 / 365) = EUR 20,000;
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REF TMS 6573
(iii)
2017/2018 season - on the basis of the average of the training costs of the parties (cf.
art. 6 par. 1 lit. a) of Annexe 4 of the RSTP ):
([EUR 30,000 + EUR 10,000] / 2) x (35 / 365) = EUR 1,917.81
11.
The Claimant is entitled to receive from the Respondent the amount of EUR 39,671.23 as
training compensation.
12.
In addition, the Claimant is entitled to receive interest at the rate of 5% p.a. on the amount of
EUR 39,671.23 as from 1 October 2020, i.e. as of the day after the due date of the payment of
training compensation, 30 days after the registration + 1 day.
13.
Art. 24 bis is applicable.
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REF TMS 6573
DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, RNK Split, is partially accepted.
2.
The Respondent, VfL Osnabrück, shall pay to the Claimant:
-
EUR 39,671.23 as training compensation, plus 5% interest per annum on that amount as
from 1 October 2020, until the date of effective payment.
3.
Any further claims of the Claimant are rejected
4.
The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount (including all applicable interest).
5.
The Respondent shall provide evidence of full payment to [email protected]. If applicable, the
evidence shall be translated into an official FIFA language (English, French, German, Spanish).
6.
If the due amount (including all applicable interest) is not paid by the Respondent within 45 days
as from notification of the bank account details, 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 and for the maximum duration of three
entire and consecutive registration periods.
2. The ban will be lifted immediately, and prior to its complete serving, following confirmation
that the due amount (including all applicable interest) has been received by the Claimant.
3. In the event that the payable amount as per in this decision is still not paid by the end of
the ban of three entire and consecutive registration periods, the present matter shall be
submitted, upon request, to the FIFA Disciplinary Committee.
7.
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
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REF TMS 6573
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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