Training Compensation
Texto da decisão
REF TMS 7368
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 17 February 2021
regarding training compensation relating to the registration of the player Kgotso
MASANGANE with FS Metta (Latvia)
BY:
Geoff Thom ps on (England), Single Judge of the sub-committee of
the Dispute Resolution Chamber
CLAIMANT:
YOUNG RABBITS, South Africa
RESPONDENT:
FS METTA, Latvia
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REF TMS 7368
I. FACTS OF THE CASE
Player:
Kgotso MASANGANE
Date of birth:
27 May 1998
Player passports:
issued by the South African Football Association (SAFA) as follows:
Player passport issued on 2 October 2019 (player passport 1)
Season
Club
Registration
Status
2010 - 2016
Unknown
n/a
n/a
2016 - 2019
FC Zone Mavo
Unspecified
Professional
Player passport issued on 27 November 2020 (player passport 2)
Season
B’day
Club
Registration
09/10
12th
Young Rabbits
Amateur
10/11
13th
Young Rabbits
Amateur
11/12
14th
Young Rabbits
Amateur
12/13
15th
Young Rabbits
Amateur
13/14
16th
Young Rabbits
14/15
17th
FC Batlokwa
15/16
18th
FC Batlokwa
2 years
Amateur
16/17
19th
Phiva Young Stars
1 year
Amateur
17/18
20th
FC Zone Mavo
18/19
21st
FC Zone Mavo
5 years
Status
Amateur
Amateur
Amateur
2 years
Amateur
Player passport issued on FIFA’s request on 6 January 2021(player passport 3):
Season
B’day
Club
Registration
Status
09/10
th
12
Young Rabbits
01/01/10 – 30/06/10
Amateur
10/11
13th
Young Rabbits
01/07/10 – 30/06/11
Amateur
11/12
14th
Young Rabbits
01/07/11 – 30/06/12
Amateur
12/13
15th
Young Rabbits
01/07/12 – 30/06/13
Amateur
13/14
16th
Young Rabbits
01/07/13 – 30/06/14
Amateur
14/15
17th
FC Batlokwa
01/07/14 – 30/06/15
Amateur
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REF TMS 7368
15/16
18th
FC Batlokwa
01/07/15 – 30/06/16
Amateur
16/17
19th
Phiva Young Stars
01/07/16 – 30/06/17
Amateur
17/18
20th
FC Zone Mavo
01/07/17 – 30/06/18
Amateur
18/19
21st
FC Zone Mavo
01/07/18 – 01/03/19
Amateur
Sporting season:
1 July to 30 June (South Africa)
Date of transfer:
18 March 2019, from FC Zone Mavo (South Africa) to FS Metta (Latvia) as
professional (out of contract after mutual termination with FC Zone Mavo).
The transfer instruction was entered in TMS by FS Metta on 11 March 2019.
FC Zone Mavo declared that “[it] hereby confirm cancelation of the registration
of Kgotso Masangane on the 27 February 2019. He is now declared a free agent
as a result may pursue his football career anywhere in a club of his choice. All
registration documents pertaining him were sent back to Safa Mpumalanga
province as part of the de-registration process.”
Claimant club:
Young Rabbits (South Africa)
Respondent club:
FS Metta (Latvia)
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1.
On 8 December 2020, the Claimant requested the payment of the amount of EUR 50,000 as
training compensation, plus 5% interest as of “the due date”.
2.
The claim is based on the first registration of the player as a professional with the Respondent.
3.
The calculation of the Claimant is based on the registration of the player as per the player
passport 2, i.e. for the entire season of the player’s 12th, 13th, 14th, 15th and 16th birthdays.
4.
On 11 January 2021, the FIFA administration submitted a proposal to the parties, informing
them that it was of the opinion that the Respondent should pay the amount of EUR 34,931.51
to the Claimant.
5.
On 21 January 2021, the Claimant accepted the proposal.
6.
On 1 February 2021, the Respondent rejected the claim of the Claimant arguing that the player
had already been registered as a professional with FC Zone Mavo.
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REF TMS 7368
7.
In this respect, the Respondent relied on the declarations made in TMS via the transfer instruction
by FC Zone Mavo and by the SAFA, and stated that “only free agent players (professional players
with expired or canceled contract) are eligible for transfer after official transfer window. Which
means non-professional player transfers in such cases are not possible. This transfer was
confirmed (issued ITC) in FIFA TMS by South Africa Football Association on 15.03.2019. Which
means South African Football Federation by confirming his transfer also confirmed that he
already was a professional player.”
8.
On 6 January 2021, the SAFA, having been asked by the FIFA administration to provide its
comments as to the existence of player passports 1 and 2, submitted player passport 3 and
confirmed that player passport 3 contained the accurate registration records of the player in
South Africa.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): June 2018 edition
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (Procedural Rules): January 2021 edition
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Decision:
1.
The Claimant considers that the player’s registration with the Respondent was his first
professional registration in the sense of art. 20 and Annexe 4 RSTP.
2.
The Respondent rejected the claim sustaining that the player had already been a professional
with his former club in South Africa, i.e. FC Zone Mavo, and that therefore no training
compensation was due to the Claimant.
3.
The transfer instruction entered by the Respondent in TMS (cf. art. 8.2.1. of Annexe 3 RSTP) on
11 March 2019 prior to the registration of the player indicated that:
a. The player was a professional with FC Zone Mavo; and
b. The player had terminated his contract with FC Zone Mavo.
4.
In support, the Respondent uploaded under the entry “proof of last contract end date” a
document where FC Zone Mavo declared the following:
“[FC Zone Mavo] hereby confirm cancelation of the registration of Kgotso Masangane on the 27
February 2019. He is now declared a free agent as a result may pursue his football career
anywhere in a club of his choice. All registration documents pertaining him were sent back to
Safa Mpumalanga province as part of the de-registration process.”
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REF TMS 7368
5.
The Latvian Football Federation (LFF) requested the International Transfer Certificate (ITC) on 12
March 2019.
6.
On 15 March 2019, the SAFA delivered the ITC.
7.
On 19 March 2019, the LFF registered the player as a professional with FS Metta.
8.
The SAFA uploaded the player passport 1 in the above transfer instruction on 2 October 2019,
i.e. 7 months after the relevant transfer occurred. The document in question indicates that the
player was registered as a professional with FC Zone Mavo
9.
The claim of the Claimant is based on the player passport 2 in accordance with which the player
was always registered as an amateur in South Africa, including with FC Zone Mavo.
10.
The SAFA further confirmed on 6 January 2021 that the player was always an amateur in South
Africa, after having been asked to clarify the matter in light of the information available in the
TMS transfer instruction which was contradicted by the Claimant’s claim.
11.
The SAFA inter alia declared that the player had been registered with the Claimant as from 1
January 2010 until 30 June 2014.
12.
According to art. 12 par. 3 of the Procedural Rules, any party claiming a right on the basis of an
alleged fact shall carry the burden of proof.
13.
The burden of proving that the player was a professional with FC Zone Mavo lies with the
Respondent.
14.
In this respect, the Respondent relies on the information contained in TMS only, that is to say:
a. The declaration of FC Zone Mavo;
b. The delivery of the International Transfer Certificate (ITC) by the SAFA on 15 March
2019; and
c. The player passport uploaded by the SAFA on 2 October 2019.
15.
The declaration of FC Zone Mavo confirms that the player is no longer registered with it and that
he is a “free agent”. There is no mention of a natural and/or mutual and/or unilateral termination
of an existing contract.
16.
The Respondent did not provide any evidence that the player was indeed previously under
contract with FC Zone Mavo, including but not limited to a copy of the alleged contract.
17.
As per the jurisprudence of the Dispute Resolution Chamber (DRC), a free agent player is a player
who is free of contractual obligations.
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REF TMS 7368
18.
The definition of a player who is free of contractual obligations encompasses players who
previously had a professional contract with a club as well as players who always remained
amateur players to date.
19.
The Respondent considered the delivery of the ITC by the SAFA as a proof of the fact that the
player had been a professional because at the time the registration occurred, only players with
terminated contracts could be registered in Latvia.
20.
What is more, the Respondent referred to the first player passport issued on 2 October 2019
which stipulates that the player was a professional with FC Zone Mavo.
21.
The ITC was delivered on 15 March 2019.
22.
The first player passport was uploaded in TMS on 2 October 2019.
23.
In accordance with art. 5 par. 2.2 and art. 8 of Annexe 3 RSTP, the ITC shall be requested by the
new association to the former association.
24.
Upon receipt of the ITC request, the former association shall immediately request the former
club and the professional player to confirm whether the professional player’s contract has
expired, whether early termination was mutually agreed or whether there is a contractual dispute
(cf. art. 8.2.3 of Annexe 3 RSTP).
25.
According to art. 8.2.4 lit. b) of Annexe 3 RSTP, the former association may reject the ITC request
made by the new association and indicate in TMS the reason for rejection, which may be either
that the contract between the former club and the professional player has not expired or that
there has been no mutual agreement regarding its early termination.
26.
In casu, upon receipt of the ITC request by the LFF, the SAFA was required to confirm with FC
Zone Mavo whether or not there were any valid contract between the parties.
27.
Thus, the delivery of the ITC by the SAFA cannot be considered in itself as a valid confirmation
of the player’s alleged professional status with his previous club, as it only confirms that the
player was not under contract at the time of his attempted registration with the Respondent.
28.
The fact that an ITC may be potentially obtained outside of the registering association’s
registration period is of the responsibility of the registering association only, in casu the LFF.
29.
The Respondent did not submit any proof that it had contacted the SAFA prior to the registration
of the player as a professional to obtain confirmation of the player’s career before registering
him and/or received direct confirmation from the SAFA that the player was a professional.
30.
The Respondent contested the status of the player in South Africa, alleging that he was a
professional with his last South African club, FC Zone Mavo, but did not provide any evidence in
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support, including but not limited to a copy of the player’s alleged professional contract with FC
Zone Mavo.
31.
The Respondent did not provide evidence that it had proactively tried to obtain information from
the SAFA and or the player’s last club in South Africa before registering the player, solely relying
on the declaration of FC Zone Mavo which stated that the player was no longer registered with
it since 27 February 2019.
32.
Based on the above, it is determined that when the Respondent registered the player as a
professional, it was not in possession of any tangible information that could ascertain the player’s
professional status with FC Zone Mavo.
33.
The Respondent failed to exercise due diligence before registering the player.
34.
In view of the above, based on the evidence available, it is considered that the player was never
registered as a professional in South Africa.
35.
Therefore, the argumentation of the Respondent with regards to the player’s professional status
with FC Zone Mavo shall be rejected.
36.
In continuation, the Respondent did not contest the fact that the player had been registered
with the Claimant, nor contested the registration dates displayed in the player passport 3.
37.
In view of the above, and since the SAFA confirmed that player passport 3 contains the accurate
registration records of the player, the career history of the player as displayed in the player
passport of 6 January 2021 constitutes the accurate career history of the player in South Africa.
38.
As such, it is established that the player was an amateur with FC Zone Mavo and that his
registration as a professional with the Respondent constituted his first professional registration
before the end of the season of his 23rd birthday.
39.
Consequently, in accordance with art. 2 par. 1 lit. i) of Annexe 4 RSTP, training compensation is
due to the Claimant.
40.
According to art. 1 and art. 2 par. 1 lit. i) of Annexe 4 RTSP in combination with art. 3 par. 1 of
Annexe 4 RSTP, training compensation is in principle payable by the club registering the player
as professional for the first time to all the clubs where the player was registered as from the
beginning of the season of the player’s 12th birthday up until the end of the season of his 21st
birthday.
41.
As per the player passport of 6 January 2021, the player was registered with the Claimant:
a. For 180 days of the season of the player’s 12th birthday;
b. The entire season of the player’s 13th birthday;
c. The entire season of the player’s 14th birthday;
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d. The entire season of the player’s 15th birthday; and
e. The entire season of the player’s 16th birthday.
42.
Art. 5 par. 3 of Annexe 4 RSTP foresees that the training costs for players for the seasons
between their 12th and 15th birthdays (i.e. four seasons) shall be based on the training and
education costs of category 4 clubs.
43.
The training costs for category IV clubs within UEFA are set at EUR 10,000 per year.
44.
Art. 5 par. 2 of Annexe 4 RSTP foresees that 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 number of years of training.
45.
Upon registration of the player, the Respondent was classified under training category III UEFA.
46.
The training costs for category III clubs within UEFA are set at EUR 30,000 per year.
47.
Art. 3 par. 1 of Annexe 4 RSTP stipulates that the amount payable of training compensation is
calculated on a pro rata basis according to the period of training that the player spent with each
club.
48.
Taking into account the time the player was registered with the Claimant as per point II.41
above, the Claimant is entitled to receive EUR 64,931.51 as training compensation,
corresponding to:
a. EUR 4,931.51 for the training and education provided to the player during the course
of the season of his 12th birthday;
b. EUR 10,000 for the training and education provided to the player during the course of
the season of his 13th birthday;
c. EUR 10,000 for the training and education provided to the player during the course of
the season of his 14th birthday;
d. EUR 10,000 for the training and education provided to the player during the course of
the season of his 15th birthday; and
e. EUR 30,000 for the training and education provided to the player during the course of
the season of his 16th birthday.
49.
The Claimant limited its claim to EUR 50,000.
50.
Thus, in line with the legal principle of non ultra petita, the Claimant shall be awarded EUR
50,000 only.
51.
The Claimant requested the award of interest rate of 5% per annum, “as per the due date”.
52.
In this respect, the well-established jurisprudence of the DRC applies interests as from the first
overdue day for the payment of training compensation.
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53.
The player was registered with the Respondent on 18 March 2019. 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 17 April 2019.
54.
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 18 April 2019.
55.
The interest rate of 5% per annum on EUR 50,000 shall apply until the date of effective payment
of the outstanding training compensation and its applicable interest.
56.
In view of all the above, the claim of the Claimant is accepted and the Claimant shall receive
EUR 50,000 as training compensation, plus 5% interest p.a. on that amount, as from 18 April
2019 until the date of effective payment.
57.
Any further claim of the Claimant is rejected.
58.
No procedural costs are levied (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
59.
Art. 24bis RSTP applies.
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III. DECISION
1.
The claim of the Claimant, Young Rabbits, is accepted.
2.
The Respondent, FS Metta, shall pay to the Claimant:
-
EUR 50,000 as training compensation, plus 5% interest per annum on that amount as from
18 April 2019, until the date of effective payment.
3.
The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount (including all applicable interest).
4.
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).
5.
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:
6.
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.
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 7368
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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