Training Compensation
Texto da decisão
Decis ion of the
S ingle Judge of the s ub-com m ittee of the Dis pute
Res olution Cham ber (DRC)
passed on 12 February 2020,
by Alex andra Góm ez Bruinew oud (Uruguay /Netherlands ),
Single Judge of the sub-committee of the DRC,
on the claim presented by the club,
Ars enal FC de Yaounde, Cameroon
as Claimant
against the club,
CS Petroclub, Moldova
as Respondent
regarding training compensation in connection with
the player Pempeme Njoya Ibrahim Mounir
I.
Facts of the cas e
1.
According to the player passport issued by the Fédération Camerounaise de
Football (hereinafter: the FECAFOOT), the player, Pempeme Njoya Ibrahim Mounir
(hereinafter: the player), born on 15 February 1997, was registered with its
affiliated club, Arsenal FC de Yaounde (hereinafter: the Claimant), as an amateur
athlete from 2 August 2010 until 30 November 2015.
2.
Pursuant to the information provided by the FECAFOOT, the sporting seasons in
Cameroon do not have consistent start and end date.
3.
According to the information contained in the Transfer Matching System (TMS),
the player was registered with the Claimant club as an amateur, before he was
registered as an amateur to Ukranian club FC Umanfermmash, where he remained
from 22 April 2016 until 19 August 2017. Later, the player was registered as a
professional for the first time with the Moldovan club, CS Petroclub (hereinafter:
the Respondent), on a definitive basis, on 28 September 2017.
4.
For the purpose of the calculation of training compensation for young players, as
set out in FIFA Circular no. 1249 dated 6 December 2010 (hereinafter: FIFA circular
1249), each association shall divide its clubs each year into a maximum of four
categories, from I (highest category) to IV (lowest category), as follows:
a. Category I (top-level, high-quality training centre) All first-division clubs of
member associations investing, on average, a similar amount in training
players;
b. Category II (still professional, but at a lower level) All second-division clubs
of member associations in category I and all first-division clubs in all other
countries with professional football;
c. Category III All third-division clubs of member associations in category I
and all second-division clubs in all other countries with professional
football;
d. Category IV All fourth- and lower-division clubs of the member
associations in category I, all third- and lower-division clubs in all other
countries with professional football and all clubs in countries with only
amateur football.
5.
As per Annexe 4 art. 4 para. 1 of the Regulations on the Status and Transfer of
Players (hereinafter: the Regulations) and FIFA Circular 1249, the training costs for
each category shall be based on “the amount needed to train one player for one
year multiplied by an average “player factor”, which is the ratio of players who
need to be trained to produce one professional player”.
Training compensation for the player Pempeme Njoya Ibrahim Mounir
(Arsenal FC de Yaounde, Cameroon/CS Petroclub, Moldova)
2
6.
Pursuant to FIFA Circular no. 1582 dated 26 May 2017 and the information
available on TMS, the Respondent belonged to the category III (UEFA indicative
amount of EUR 30,000 per year) at the moment the player was registered with it.
7.
In this context, on 21 November 2018, the Claimant contacted FIFA claiming its
proportion of training compensation in relation to the first registration of the
player as a professional before the end of the season of his 23 rd birthday. In
particular, the Claimant requested the amount of EUR 110,000 plus 5% interest as
of the respective due date. The Claimant then amended its claim on 10 October
2019 and requested the amount of EUR 46,951 plus 5% interest as of the respective
due date.
8.
Upon direction of the FIFA Administration to comment on a waiver allegedly
signed by the Claimant and uploaded in TMS on the transfer instruction regarding
the player’s transfer from FC Umanfermmash to the Respondent, the Claimant
submitted it had been forged by the Respondent.
9.
Despite having being asked by FIFA to both file its position and produce the
original version of the alleged waiver, the Respondent failed to do so.
II.
Cons iderations of the S ingle Judge of the s ub-com m ittee of the DRC
1.
First of all, the Single Judge of the sub-committee of the Dispute Resolution
Chamber (hereinafter: the Single Judge) analysed whether she was competent to
deal with the case at hand. In this respect, she took note that the present matter
was submitted to FIFA on 21 November 2018. Taking into account the wording of
art. 21 of the 2019 edition of the Rules Governing the Procedures of the Players’
Status Committee and the Dispute Resolution Chamber (hereinafter: the
Procedural Rules), the aforementioned edition of the Procedural Rules is applicable
to the matter at hand (cf. article 21 par. 2 and 3 of the Procedural Rules).
2.
Subsequently, the Single Judge referred to art. 3 of the Procedural Rules, which
states that the Dispute Resolution Chamber shall examine its jurisdiction in light of
arts. 22 to 24 of the Regulations (edition January 2020). In accordance with art. 3
of Annexe 6 in conjunction with art. 24 par. 3 and art. 22 lit. d) of the Regulations,
the Single Judge is competent to decide on the present dispute relating to training
compensation between clubs belonging to different associations handled through
TMS.
3.
Furthermore, and taking into consideration that the player was registered with the
Respondent on 28 September 2017, the Single Judge analysed which regulations
should be applicable as to the substance of the matter. In this respect, she
confirmed that, in accordance with art. 26 par. 1 and 2 of the Regulations on the
Training compensation for the player Pempeme Njoya Ibrahim Mounir
(Arsenal FC de Yaounde, Cameroon/CS Petroclub, Moldova)
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Status and Transfer of Players, the 2016 edition of the Regulations is applicable to
the matter at hand as to the substance.
4.
The competence of the Single Judge and the applicable regulations having been
established, the Single Judge entered into the substance of the matter. The Single
Judge started by acknowledging the above-mentioned facts of the case as well as
the documentation on file. However, the Single Judge emphasized that in the
following considerations she will refer only to the facts, arguments and
documentary evidence which she considered pertinent for the assessment of the
matter at hand. In particular, the Single Judge recalled that, in accordance with
art. 6 par. 3 of Annexe 3 of the Regulations, FIFA may use, within the scope of
proceedings pertaining to the application of the Regulations, any documentation
or evidence generated or contained in the TMS.
5.
First of all, the Single Judge recalled that, in accordance with the player passport
issued by the FECAFOOT the player, born on 15 February 1997, was registered with
the Claimant as an amateur athlete from 2 August 2010 until 30 November 2015.
6.
Secondly, the Single Judge noted that in accordance with the player passport
issued by the Football Federation of Ukraine ,the player was registered with its
affiliate club FC Umanfermmash as an amateur athlete from 22 April 2016 until 19
August 2017
7.
Thirdly, the Single Judge acknowledged that the player was registered with the
Respondent on 28 September 2017 as a professional.
8.
In continuation, the Single Judge took note that the Claimant requested the
payment of the training compensation from the Respondent in view of the first
registration of the player as a professional with the Respondent before the end of
the season of his 23rd birthday. In particular, the Single Judge took note that the
Claimant requested the amount of EUR 46,951 plus interest.
9.
The Single Judge further observed that the Respondent did not respond to the
claim.
10.
Having paid particular attention to the arguments of the parties, the Single Judge,
hereby referring to the rules applicable to training compensation, stated that, as
established in art. 20 of the Regulations in combination with art. 1 par. 1 and art.
2 par 1. of Annexe 4 of the Regulations, training compensation is payable, as a
general rule, for training incurred between the ages of 12 and 21 when a player is
registered for the first time as a professional before the end of the season of the
player’s 23rd birthday or when a professional is transferred between clubs of two
different associations before the end of the season of the player’s 23rd birthday.
Training compensation for the player Pempeme Njoya Ibrahim Mounir
(Arsenal FC de Yaounde, Cameroon/CS Petroclub, Moldova)
4
11.
In continuation, the Single Judge observed that, based on the documents at
disposal, it can be established that the player was registered with the Claimant as
an amateur from 2 August 2010 until 30 November 2015, and later as an amateur
with FC Umanfermmash from 22 April 2016 until 19 August 2017. Furthermore, the
Single Judge noted that the player was registered with the Respondent as a
professional for the first time on 28 September 2017, i.e. before the end of the
season of his 23rd birthday.
12.
In view of the foregoing, the Single Judge remarked that the Claimant should in
principle be entitled to training compensation.
13.
The Single Judge however recalled that the transfer instruction regarding the
player’s registration with the Respondent, filed with TMS under number 178922,
contains a waiver allegedly signed by the Claimant, and took note of the Claimant’s
submission that such document had been forged. Moreover, the Single Judge gave
due consideration to the fact that the Respondent failed both to file its position
on the Claimant’s claim and to produce the original version of the aforementioned
waiver, despite having been invited to do so.
14.
In view of the above, the Single Judge was of the opinion that in the present case,
it could not be considered that the Claimant had waived its right regarding the
training compensation for the player.
15.
Turning its attention to the calculation of the training compensation, the Single
Judge referred to art. 3 par. 1 sent. 2 of Annexe 4 of the Regulations, which
stipulates that the amount payable is calculated on a pro rata basis according to
the period of training that the player spent with each club. Taking into
consideration that there are no consistent season start and end dates in Cameroon
over the relevant period, the Single Judge considered that the seasons in
Cameroon followed the calendar year. As such, the Single Judge concluded that
the effective period of time to be considered in the matter at stake corresponds to
the following:
-
16.
5 months of the season of the player’s 13th birthday;
12 months of the season of the player’s 14th birthday;
12 months of the season of the player’s 15th birthday;
12 months of the season of the player’s 16th birthday;
12 months of the season of the player’s 17th birthday;
11 months of the season of the player’s 18th birthday.
Taking into consideration all the above, as well as the amount claimed by the
Claimant, the Single Judge decided that the Respondent is liable to pay the amount
of EUR 46,951 to the Claimant for the training and education of the player.
Training compensation for the player Pempeme Njoya Ibrahim Mounir
(Arsenal FC de Yaounde, Cameroon/CS Petroclub, Moldova)
5
17.
Moreover, taking into consideration the Claimant’s request as well as art. 3 par. 2
of Annexe 4 of the Regulations, the Single Judge decided that the Respondent has
to pay, in conformity with its long standing practice, interest at 5% p.a. over the
amount payable as training compensation as of the 31st day of the registration of
the player with the Respondent as a professional, i.e. as of 28 October 2017 until
the date of effective payment.
18.
Lastly, the Single Judge referred to art. 25 par. 2 of the Regulations in conjunction
with art. 18 par. 1 of the Procedural Rules, according to which, in proceedings
before the DRC relating to disputes regarding training compensation and the
solidarity mechanism, costs in the maximum amount of CHF 25,000 are levied. The
relevant provision further states that the costs are to be borne in consideration of
the parties’ degree of success in the proceedings and that, in accordance with
Annexe A of the Procedural Rules, the costs of the proceedings are to be levied on
the basis of the amount in dispute.
19.
In respect of the above, the Single Judge held that the amount to be taken into
consideration in the present proceedings is EUR 46,951 related to the claim of the
Claimant. Consequently, the Single Judge concluded that the maximum amount of
costs of the present proceedings corresponds to CHF 5,000.
20.
As a result, the Single Judge determined the costs of the current proceedings to
the amount of CHF 5,000 which, considering the degree of success, shall be borne
in full by the Respondent.
III.
Decis ion of the S ingle Judge of the s ub-com m ittee of the DRC
1.
The claim of the Claimant, Arsenal FC de Yaounde, is accepted.
2.
The Respondent, CS Petroclub, has to pay to the Claimant, w ithin 30 day s as
from the date of notification of this decision, of EUR 46,951, plus 5% interest p.a.
as from 28 October 2017 until the date of effective payment.
3.
In the event that the aforementioned sum plus interest is not paid by the
Respondent within the stated time limit, the present matter shall be submitted,
upon request, to FIFA’s Disciplinary Committee for consideration and a formal
decision.
Training compensation for the player Pempeme Njoya Ibrahim Mounir
(Arsenal FC de Yaounde, Cameroon/CS Petroclub, Moldova)
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4.
The Claimant is directed to inform the Respondent immediately and directly of
the account number to which the remittance is to be made and to notify the
Single Judge of the sub-committee of the DRC of every payment received.
5.
The final costs of the proceedings in the amount of CHF 5,000 are to be paid by
the Respondent, w ithin 30 day s of notification of the present decision, to FIFA
to the following bank account with reference to case no. TMS 3571:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH 27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
*****
Note related to the publication:
The FIFA administration may publish decisions issued by the Players’ Status Committee
or the DRC. Where such decisions contain confidential information, 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 Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber).
Note relating to the m otiv ated decis ion (legal remedy):
According to art. 58 par. 1 of the FIFA Statutes, this decision may be appealed against
before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent
to the CAS directly within 21 days of receipt of notification of this decision and shall
contain all the elements in accordance with point 2 of the directives issued by the CAS.
Within another 10 days following the expiry of the time limit for filing the statement of
appeal, the appellant shall file a brief stating the facts and legal arguments giving rise
to the appeal with the CAS.
The full address and contact numbers of the CAS are the following:
Training compensation for the player Pempeme Njoya Ibrahim Mounir
(Arsenal FC de Yaounde, Cameroon/CS Petroclub, Moldova)
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Court of Arbitration for Sport
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the Single Judge of the
sub-committee of the DRC:
Emilio García Silvero
Chief Legal & Compliance Officer
Training compensation for the player Pempeme Njoya Ibrahim Mounir
(Arsenal FC de Yaounde, Cameroon/CS Petroclub, Moldova)
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