Training Compensation
Texto da decisão
REF TMS 6498
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 1 February 2021
regarding training compensation for the player MEDWIN BITEGHE MENDAME
BY:
S tefano S artori (Italy), Single Judge of the sub-committee of the
Dispute Resolution Chamber
CLAIMANT:
CMS, Gabon
RESPONDENT:
UNION SPORTIVE DE TATAOUINE, Tunisia
Page 2 of 7
REF TMS 6498
I. FACTS OF THE CASE
Player:
Medwin Biteghe Mendame
Date of birth:
1 September 1996
Sporting season:
1 August to 31 July (Gabon)
Date of transfer:
20 September 2018 from Académie des Étoiles de Liberville (Gabon) to Union
Sportive de Tataouine (Tunisia)
Claimant club:
CMS (Gabon)
Respondent club:
Union Sportive de Tataouine (Tunisia) – training category III (CAF indicative
amount of USD 10,000 per year)
Claim and Response:
1.
On 4 August 2020, the Claimant requested USD 51,710 as training compensation, plus 5%
interests p.a. as of the due date.
2.
The Claim of the Claimant is based on the following player passport of the player dated 23 June
2020 and issued by the Federacion Gabonaise de Football:
Season
2008/2009
2009/2010
2010/2011
2011/2012
2012/2013
2013/2014
2014/2015
2015/2016
2016/2017
2016/2017
2017/2018
Birthday
12th
13th
14th
15th
16th
17th
18th
19th
20th
20th
21st
2018
21st
2018/2019
22nd
Club
AO. CMS
AO. CMS
AO. CMS
AO. CMS
AO. CMS
AO. CMS
AO. CMS
AO. CMS
AO. CMS
RED Star FC
FK
Utenis
Utena
Academie des
Etoiles
de
Librevillle
Union Sportive
de Tataouine
Registration
11.11.2008
2009/2010
2010/2011
2011/2012
2012/2013
2013/2014
2014/2015
2015/2016
2016/2017
2016/2017
2017/2018
2018
2018/2019
Status
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Professional
Professional
Professional
Amateur
Amateur
Amateur
Professional
Page 3 of 7
REF TMS 6498
3.
The Claimant also provided a statement issued by the Federacion Gabonaise de Football dated
23 June 2020 by means of which the latter association confirmed that the player had been
registered with the Claimant between 11 November 2008 and 4 January 2017 without
interruption.
4.
The claimed amount is based as follows:
Age
Registration
Duration
12
11.11.200831.07.2009
01.08.200931.07.2010
01.08.201031.07.2011
01.08.201131.07.2012
01.08.201231.07.2013
01.08.201331.07.2014
01.08.201431.07.2015
01.08.201531.07.2016
01.08.201604.01.2017
13
14
15
16
17
18
19
20
Total:
262 days
Training costs p.a.
USD 10,000
2,000 USD
Training
compensation
1,436 USD
365 days
2,000 USD
2,000 USD
365 days
2,000 USD
2,000 USD
365 days
2,000 USD
2,000 USD
365 days
10,000 USD
10,000 USD
365 days
10,000 USD
10,000 USD
365 days
10,000 USD
10,000 USD
365 days
10,000 USD
10,000 USD
365 days
10,000 USD
4,274 USD
2975 days
51,710 USD
5.
The Respondent rejected the claim arguing that 4 different player passports for the player had
been issued by the Fédération Gabonaise de Football and that those documents included
contradictory information as to the registration of the player with the Claimant.
6.
The Respondent provided a copy of three additional player passports dated 21 September 2017,
19 September 2018 and 27 December 2018 respectively that appear to have been issued by the
Fédération Gabonaise de Football.
7.
The Claimant provided its replica outside the deadline granted to the latter by the FIFA
administration.
Page 4 of 7
REF TMS 6498
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): 2021 edition.
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Decision:
1.
The Claimant is requesting the payment of training compensation on the basis of the
reacquisition of the professional status of the player with the Respondent.
2.
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.
3.
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.
4.
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.
5.
In casu, it remained undisputed that the player reacquired amateur status after having been
registered with the Claimant as a professional and that he was re-registered with the Respondent
as a professional.
6.
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.
7.
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 association.
Page 5 of 7
REF TMS 6498
8.
In the present case, the player was neither registered for the first time as a professional with the
Respondent nor he was a professional player transferred between clubs affiliated to different
associations when he registered with the latter. Therefore, the prerequisites of art. 3 par. 2 in
combination with art. 20 of the RSTP are not fulfilled and the claim of the Claimant has to be
rejected.
9.
No procedural are levied in accordance with art. 18 of the Procedural Rules.
III. DECISION
1. The claim of the Claimant, CMS, 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 6498
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