Training Compensation
Texto da decisão
REF TMS 6443
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 6 November 2020
regarding training compensation for the player Pierre Kunde Malong
BY:
Om ar Ongaro (Italy), Single Judge of the sub-committee of the
Dispute Resolution Chamber
CLAIMANT:
Extremadura UD, Spain
RESPONDENT:
1. FSV Mainz 05, Germany
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REF TMS 6443
I. FACTS OF THE CASE
Player:
Pierre KUNDE MALONG
Date of birth:
26 July 1995
Player passport:
issued by the Real Federación Española de Fútbol (“RFEF”) on 13 July 2018
Clubs
Alcobendas C.F.
Atletico Madrileno C.F.
Club Atletico de Madrid SAD
Club Atletico de Madrid SAD
Club Atletico de Madrid SAD
Club Atletico de Madrid SAD
Extremadura UD
Granada C.F. SAD
Club Atletico de Madrid SAD
Registration dates
12.09.2013 - 17.10.2013
18.10.2013 - 14.03.2014
14.03.2014 - 30.06.2014
21.08.2014 – 30.06.2015
26.08.2015 - 28.01.2016
28.01.2016 - 30.06.2016
17.08.2016 - 30.06.2017
18.08.2017 - 30.06.2018
09.07.2018 - 13.07.2018
Status
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Professional
Professional
According to the information contained in the Transfer Matching System (“TMS”), the abovementioned passport was uploaded to TMS when the German club, 1. FSV Mainz 05 registered the
player on 17 July 2018.
Sporting season:
1 July to 30 June (Spain)
Date of transfer:
17 July 2018, Spain to Germany
Claimant club:
Extremadura UD (Spain)
UEFA, category III (EUR 30,000 per year)
Respondent club:
1. FSV Mainz 05 (Germany)
UEFA, category I (EUR 90,000 per year)
Claim and Response:
1.
On 28 July 2020, the Claimant claimed training compensation of EUR 52,273.07 on the basis
of the first registration as a professional of the player with the Respondent, plus 5% interests as
of the relevant due date.
2.
In particular, the Claimant argued that the player had been registered with it on loan between
17 August 2016 and 30 June 2017, i.e. during 318 days of his 21st birthday season.
3.
The Claimant argued that the loan had not been, “reflected [in] the player passport (..) because
of the misconduct of the Former Club which did not register the player as a professional before
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REF TMS 6443
loaning him to the Claimant and to Granada. For that reason, the Spanish FA cannot insert the
loan on the player passport, even if that is actually what happened here.”
4.
In support of the aforementioned allegations, the Claimant provided the following
documentation:
- an extract of the player’s career published on the website www.transfermarkt.com referring to
the loan of the player to the Claimant and to the Spanish club Granada;
- a statement of the RFEF dated 21 May 2020 in which the latter informed the Claimant that it
does not hold any records of the loan of the player with the Claimant and that, therefore, it
could not amend the player passport as per the Claimant’s request;
- a correspondence exchange with the Federacion Extremena de Futbol by means of which, on
10 June 2020, the latter provided the Claimant with a copy of a document entitled “Certificado
de Habilitacion” issued on 30 June 2016 indicating that the player was deemed to be “free of
commitments on this date” and a document entitled the “Sollicitud de Inscripcion de Jugador”;
- an extract of Granada’s website dated 25 July 2017 in which the following is mentioned:
“Granada CF have reached an agreement with Atlético Madrid for the loan of 21-year-old
midfielder, Pierre Kunde Malong. Hailing originally from Cameroon, Kunde spent last season on
loan at Extremadura UD (the Claimant) in 2ªB Group 4, making 35 appearances and scoring 11
goals.” (Free translation);
- an extract of the former club’s website dated 6 July 2018 in which the following is mentioned:
“Pierre Kunde has been transferred to Mainz 05 on a permanent transfer. After rising through
the ranks, the Cameroonian midfielder played for Granada CF and Extremadura UD (the
Claimant) on loan. Everyone at Atlético de Madrid wishes Pierre well for his time with Mainz
05.”
5.
As such, the Claimant referred to the contents of art. 20 RSTP and art. 2 par. 1 (ii) of Annex 4
to the RSTP and to the well-established jurisprudence of the DRC according to which the
registration of a player with a club on loan is considered as an extension of the registration with
the parent club.
6.
In consideration of all the above, the Claimant deemed that it was entitled to receive training
compensation from the Respondent calculated on the basis of the provisions set out in art. 6 of
Annexe 4 to the RSTP (Special provisions for the EU/EEA).
7.
On 7 October 2020, the FIFA administration notified the claim of the Claimant to the
Respondent.
8.
On 23 October 2020, the Respondent contested the Claimant’s request on the basis of the player
passport issued on 13 July 2018 arguing that the document in question did not include the loan
of the player to the Claimant. The Respondent also referred to an email exchange occurred
between 18 and 31 October 2018 between the Deutsche Fussball Liga and the RFEF, in which
the RFEF had confirmed that the player had not been registered on loan with the Claimant.
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REF TMS 6443
Clarification of the RFEF:
The following updated version of the player passport issued on 14 September 2020 was provided by
the RFEF to FIFA:
Clubs
Alcobendas C.F.
Atletico Madrileno C.F.
Club Atletico de Madrid SAD
Club Atletico de Madrid SAD
Club Atletico de Madrid SAD
Club Atletico de Madrid SAD
Extremadura UD
Granada C.F. SAD
Club Atletico de Madrid SAD
Regis tration dates
12.09.2013 - 17.10.2013
18.10.2013 - 14.03.2014
14.03.2014 - 30.06.2014
21.08.2014 – 30.06.2015
26.08.2015 - 28.01.2016
28.01.2016 - 30.06.2016
17.08.2016 - 30.06.2017
18.08.2017 - 30.06.2018
09.07.2018 - 13.07.2018
S tatus
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Professional
Professional
Ins cription
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Clarification of the former club:
Upon being requested by FIFA to provide a copy of the loan agreement allegedly concluded between
the former club and the Claimant, the former club, on 30 September 2020, stated having issued the
player’s “carta de libertad federativa” in order for the player to be registered with the Claimant during
the 2016-2017 season. No loan agreement was mentioned nor provided.
II. LEGAL CONSIDERATIONS
Applicable law:
RSTP: June 2018 edition.
Procedural Rules: June 2020 edition.
Decision:
9.
The player passports issued by the RFEF on 13 July 2018 and 14 September 2020 confirm twice
that the player was registered on a permanent basis with the Claimant.
10.
The RFEF confirmed on 21 May 2020 that it does not hold any record of the player having been
registered on loan with the Claimant.
11.
The “Certificado de Habilitacion” issued on 30 June 2016 indicates that the player was deemed
to be “free of commitments on this date”.
12.
Following an enquiry of the Deutsche Fussball Liga, the RFEF confirmed on 31 October 2018 that
the player was not on loan with the Claimant.
13.
In its correspondence of 30 September 2020 addressed to FIFA, the former club did not provide
nor mention any loan agreement concluded with the Claimant.
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REF TMS 6443
14.
The Claimant failed to provide any concrete evidence in support of the allegation that a loan
would have occurred, such as the loan agreement or any correspondence directly referring to a
loan.
15.
In accordance with the jurisprudence of the DRC, the Respondent could rely in good faith on
the information included in the player passport provided in the context of the transfer which
were confirmed by the RFEF on 31 October 2018 and therefore reasonably assume that the
player had been registered with the Claimant on a permanent basis and not a temporary one.
16.
In light of all the foregoing and in particular given the Claimant failed to prove that the player
was registered on loan with itin line with the content of art. 3 par. 1 of Annexe 4 to the
RSTP which stipulates inter alia 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.” [emphasis added], no training compensation is payable to the latter.
17.
The claim of the Claimant is rejected.
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REF TMS 6443
DECISION
1.
The claim of the Claimant, Extremadura UD, 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
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REF TMS 6443
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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