Training Compensation
Texto da decisão
REF TMS 13401
Decision of the
Dispute Resolution Chamber
passed on 2 November 2023
regarding training compensation for the
player JACOB CHRISTIAN MONTES
BY:
Mr. Frans de Weger (the Netherlands), Single Judge of the
Dispute Resolution Chamber of the Football Tribunal
CLAIMANT:
NORTH COUNTY UNITED, USA
RESPONDENT:
Crystal Palace, England
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REF TMS 13401
I. FACTS OF THE CASE
Player:
JACOB CHRISTIAN MONTES
Date of birth:
20 October 1998
Player passport (s): issued by the U.S. Soccer Federation (USSF):
Season
2015
2016
2017
Birthday Club(s)
th
th
th
17
18
19
Registration dates
Status
Schulz Academy
06/07/15
31/12/15
Amateur
Schulz Academy
01/01/16
31/07/16
Amateur
Portland Timbers 2
27/02/17
31/10/17
Amateur
North County United
11/05/18
04/08/18
Amateur
Treasure Coast Tritons
27/03/19
04/08/19
Amateur
Academy
2018
20th
2019
st
21
Date of registration:
on 28 July 2021 with Crystal Palace as a professional
Claimant club:
NORTH COUNTY UNITED (USA)
Respondent club: Crystal Palace (England)
UEFA, category I (EUR 90,000 per year)
Claim and Response:
1.
On 23 August 2023, the Claimant requested the amount of EUR 53,506.85 as training
compensation on the basis of the player
Respondent plus 5% interest p.a. as from the due date of payment.
2.
The Claimant based its claim on the player passport issued by the USSF according to
which (1) the player was always registered as an amateur in the US and (2) it held the
11 May and 4 August 2019.
3.
The Claimant argued
Treasure Coast Tritons, was formerly designated as North County
FC . It provided as evidence for that purpose a statement issued by the United Soccer
League 2 (USL 2) that states:
group and entity when the club had the previous names of North County United and
Treasure Coast Tritons.
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REF TMS 13401
The
4.
Because of the above, the Claimant requested for training compensation for the
registration period in the USSF player passport attributed to both North County United
and Treasure Coast Tritons.
5.
th
The Claimant
217 days
and 21st birthdays and calculated its entitlement by multiplying pro rata the number of
days by EUR 90,000, i.e. yearly training costs of UEFA category I clubs.
6.
On 13 September 2023, the Respondent rejected the claim of the Claimant.
7.
The Respondent argued this claim follows TMS 13121, involving Schulz Academy, also
present in the USSF player passport, which was rejected by FIFA. The Respondent is of
the opinion that the present claim should have the same outcome.
8.
The Respondent stated that Treasure Coast Tritons does no longer exist, and it
presented as evidence the fact that the website attributed to the club is no longer
operational.
9.
The Respondent highlighted that Treasure Coast Tritons cannot be a part of Altitude
Rush, as mentioned on the USL 2 document presented by the Claimant, because
Treasure Coast Tritons was actually an affiliate of FC Florida and ultimately changed its
.
10.
The Respondent stated that Whilst the Player Passport shows that the Player was registered
with the Claimant between 27th March 2019 and 4th August 2019, the Player was actually
trained and developed by FC Florida during this period . As evidence the Respondent
provided extracts from the
to show the player was registered with FC
Florida during the training period attributed to Treasure Coast Tritons in the USSF player
passport.
11.
The Respondent emphasized that the player could not have been registered at any point
with Treasure Coast Tritons because he studied at the Georgetown University from
March until August 2019, and trained with Portland Timbers, USA, between February and
June 2019, as well as with Naestved Boldklub S/A, Denmark, in June and July 2019.
12.
As evidence, the Respondent presented witness statements from the player, his father,
and Mr. John Textor, a shareholder of the Respondent and the founder of FC Florida.
13.
On 5 October 2023, the Claimant
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REF TMS 13401
14.
15.
The Claimant said the witness statements are not to be considered as they may have
been made under the influence of the Respondent.
was an affiliate of FC Florida
, are not accompanied by the relevant evidence and this
goes against art. 13, par. 5 of the Procedural Rules that determines
.
16.
The Claimant stated that it was originally named North County United and then changed
its name twice to North County United FC and to Treasure Coast Tritons. It referred once
again to the USL 2 statement. presented on the grounds of the claim, and to the award
of the Court of Arbitration for Sport (CAS) nr. 2023/A/9366:
59. The Appellant must be able to prove that the North Carolina Academy is a part
predecessor.
60. The Sole Arbitrator turns his attention to the Letter of Confirmation. In the letter
of Confirmation, the USSF states that the Appellant is an affiliated club and a
member of the U.S. Soccer Development league from 2007 to current.
The Letter
Appellant remained one consistent club throughout its time in the Development
Academy league.
62. Considering the Letter of Confirmation, the Sole Arbitrator finds that it is
sufficiently substantiated and that the credibility of the statements within the Letter
of Confirmation is not in doubt. In particular, the statements are consistent with the
Thus, the Sole Arbitrator considers that statements of the USSF in the Letter of
Confirmation
17.
The Claimant provided a statement from the USSF, issued on 31 August 2023, that states:
This is a certified statement affirming that the same ownership group and
organization which presently run Altitude Rush were in charge when the club
previously operated under the names North County United and Treasure Coast
Tritons.
18.
The Claimant highlighted that even though there are TMS accounts for Altitude Rush,
Treasure Coast Tritons and North County United, exclusively the one attributed to the
latter is active, which resulted on the claim being filed through this specific user.
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REF TMS 13401
19.
The Claimant emphasized that a player passport issued by a Member Association, in casu
the USSF,
. It presented as a reference to its argument the CAS
award nr. 2019/A/6208:
The rules governing the application of training compensation are based on
the authority conferred to the player passport as the official document which can
associations and clubs in tracing the sporting history of the player, as it lists all
clubs for which the player was registered as from the season in which he turned
12. This information is crucial when calculating training compensation and the
solidarity contribution payable to those clubs that have invested in training this
player. The fundamental role in establishing the entitlement of the clubs to
as a general rule, that the information contain
correct and adequate to ensure that the difference stakeholders from the football
community are able to rely in good faith on such information.
20.
The Claimant is of the opinion that the USSF player passport should be considered valid
as issued by the relevant Member Association, and as the Respondent could not
discharge its burden of proof to show any of the information there could be incorrect.
21.
The Claimant provided as evidence
statements of alleged teammates and coaches of the player.
22.
On 23 October 2023, the Respondent argued that the present claim may be motivated
not by the entitlement of a training club, but by the personal motivation of former
employees of Florida FC, which shares ownership with the Respondent.
23.
It inferred that it is unclear whether the training rewards claimed would be reverted to
the Claimant or to a third entity,
as present on the Bank Account
Registration Form, and not serve its purpose of being invested in the education and
development of young players.
24.
Moreover, the Respondent highlighted that USL confirmed via e-mail, on 19 October
2023, that
and Treasure Coast Tritons
and
Wikipedia connecting the player to FC Florida in 2018 and 2019.
25.
At last, the Respondent emphasized that if any training entitlement could be considered
due, it should have been requested by Altitude Rush, as the sporting successor of the
Claimant, according to the statements of the latter, and not by a predecessor club.
witness
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REF TMS 13401
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): February 2021
edition.
Procedural Rules Governing the Football Tribunal (Procedural Rules):
March 2023 edition.
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Decision:
1.
The Claimant requested the payment of training compensation for the first registration
of the player as a professional with the Respondent.
2.
It is undisputed that the player was registered for the first time as professional with the
Respondent on 28 July 2021, before the end of the season of his 23rd birthday.
3.
According to art. 2 par. 1 lit. i) of Annexe 4 RSTP, training compensation is due when a
player is registered for the first time as a professional before the end of the calendar
year of his 23rd birthday.
4.
Therefore, training compensation is due.
5.
Art. 3 par. 1 of Annexe 4 RSTP stipulates that on registering as a professional for the first
time, the club with which the player is registered is responsible for paying training
compensation within 30 days of registration to every club with which the player has
the player passport) and that has contributed to his training starting from the calendar
year of his 12th birthday. The amount payable is calculated on a pro rata basis according
to the period of training that the player spent with each club.
6.
The Respondent rejects the claim of the Claimant because it understands the
information provided on the player passport issued by the USSF is inaccurate.
7.
According to the jurisprudence of the Dispute Resolution Chamber (DRC), the Chamber
shall in principle rely on the information inputted in the player passport(s) issued by the
relevant member association(s) unless there is clear evidence that would contradict its
contents.
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8.
The Claimant provides statements from the USL 2, competition in which it participates,
and from the USSF that state that North County United and Treasure Coast Tritons are
the same entity.
9.
Following the above, the Claimant bases its claim on the USSF player passport, according
to which the player was registered with it from 11 May 2018 until 4 August 2018, and
between 27 March 2019 and 4 August 2019.
10.
The Respondent refers to the FIFA decision that rejected TMS 13121, filed by another
training club of the player regarding his first registration as a professional, to say the
same outcome should be applied to the present case.
11.
The Single Judge highlights that on TMS 13121, the
to
the arguments presented by the Respondent, which led to the DRC rejecting the claim.
12.
On the present case, a second round of submissions occurred with both Claimant and
Respondent presenting all arguments they understood due.
13.
14.
The Respondent also denies that North County United and Treasure Coast Tritons are
the same club, and it argues that both were part of FC Florida, which shares ownership
with the Respondent.
15.
The Respondent is of the opinion that this should not be seen as a training reward claim
but as an act with personal motivation of
16.
employees.
The Respondent bases its allegations on witness statements and on an email exchange
with USL 2.
17.
Moreover, the Respondent provides information from online sources to state that the
player was registered with other clubs, as well as abroad, during the period provided by
the USSF player passport.
18.
Art. 7 of the RSTP establishes that the
of the player passport is inextricably
linked to the training reward regimes. Because of that, only a player passport issued and
confirmed by a member association will be considered by the DRC in case of a dispute.
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19.
The allegations of the Respondent shall be rejected in line with art. 13 par. 5 of the
Procedural Rules as it did not submit any conclusive evidence that would support its
allegations.
20.
Regarding the Bank Account Registration Form submitted by the Claimant, in accordance
with the information available on TMS, the signatory of this document,
, is the controller of North County United and Treasure Coast Tritons.
21.
The evidence provided by the Claimant, specifically the official statement issued by the
USSF, a Member Association affiliated to FIFA, meets the criteria of art. 13, par. 5 of the
Procedural Rules, and because of that the Claimant and Treasure Coast Tritons are
considered as a single entity.
22.
As for the TMS user under which the claim is filed, exclusively the one attributed to the
Claimant is currently active, and not the ones under Treasure Coast Tritons and Altitude
Rush. Stablished that these correspond to the same club, the Claimant could only file its
claim through the currently active TMS account.
23.
Based on the above, it is determined that the USSF player passport contains the accurate
career history of the player in the USA.
24.
Said player passport stipulates that the player was always registered as an amateur in
the USA, and that inter alia he was registered with the Claimant for 217 days as follows:
a. 86 days during the calendar year of his 20th birthday, i.e. between 11 May and 4
August 2018; and
b. 131 days during the calendar year of his 21 st birthday, i.e. between 27 March
and 4 August 2019.
25.
In view of the above, training compensation is due to the Claimant.
26.
According to art. 3, par. 2 of Annexe 4 RSTP, the deadline for payment of training
compensation is 30 days following the registration of the professional with the new
association.
27.
The player registered with the Respondent, a UEFA category I club at the time, on 28 July
2021.
28.
The yearly amount set for category I clubs in UEFA, as the Respondent, corresponds to
EUR 90,000 per year.
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29.
It is undisputed that the Respondent did not pay training compensation to the Claimant.
30.
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, in principle from the
th
calendar year
31.
birthday to the one of his 21st birthday.
In view of all the above, the Claimant is entitled to training compensation of EUR
53,506.85, corresponding to:
a. EUR 21,205.48 for the training and education provided during 81 days of the
20th birthday; and
b. EUR 32,301.37 for the training and education provided during 131 days of the
21st birthday.
32.
Consequently, the claim of the Claimant is accepted.
33.
In addition, taking into account the specific request of the Claimant as well as the wellestablished jurisprudence of the DRC with regard to interest, the Claimant is entitled to
receive interest at the rate of 5% p.a. on the due amount as of the day after it became
due, i.e. as of 28 August 2021.
34.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of training rewards.
35.
Thus, the amount claimed by the Claimant corresponds to an amount higher than USD
50,000 and lower than USD 99,999. Therefore, procedural costs levied in this respect are
fixed at USD 10,000 (cf. art. 2 of Annexe 1 to the Procedural Rules).
36.
According to art. 25 par. 5 of the Procedural Rules, the chamber will decide the amount
conduct during the procedure, as well as any advance of costs paid. In exceptional
circumstances, the chamber may order that FIFA assumes all procedural costs.
37.
In view the specific circumstances of the case, procedural costs shall be set at USD 10,000
and be borne by the Respondent.
38.
Art. 24bis RSTP is applicable to the matter at hand.
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III. DECISION
1. The claim of the Claimant, NORTH COUNTY UNITED, is accepted.
2. The Respondent, Crystal Palace, has to pay to the Claimant the amount EUR 53,506.85 of
training compensation plus 5% interest p.a. as from 28 August 2021.
3. Full payment (including all applicable interest) shall be made to the bank account
indicated in the enclosed Bank Account Registration Form.
4. Pursuant to article 24 of the Regulations on the Status and Transfer of Players if full
payment (including all applicable interest) is not paid within 45 days of notification of
this decision, 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. The maximum duration of the
ban shall be of three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary
Committee in the event that full payment (including all applicable interest) is still
not paid by the end of the of the three entire and consecutive registration periods.
5. The consequences shall only be enforced at the request of the Claimant in
accordance with article 24 paragraphs 7 and 8 and article 25 of the Regulations on the
Status and Transfer of Players.
6. The final costs of the proceedings in the amount of USD 10,000 are to be paid by the
Respondent to FIFA reference to case no. TMS 13401 (cf. note relating to the payment of
the procedural costs below).
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF TMS 13401
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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