Training Compensation
Texto da decisão
REF TMS 7467
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 24 April 2021
regarding training compensation for the player Ryonosuke Ohori
BY:
S tefano La Porta (Italy), Single Judge of the sub-committee of the
Dispute Resolution Chamber
CLAIMANT:
Hiroshima Koyo Football Club U-12, Japan
RESPONDENT:
Portimonense SC, Portugal
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REF TMS 7467
I. FACTS OF THE CASE
Player:
Ryonosuke OHORI
Date of birth:
10 January 2001
Player passport:
issued by the Japan Football Association (“JFA”) on an 22 August 2019:
Season
2010-2011
2011-2012
2012-2013
2013-2014
2013-2014
2014-2015
2015-2016
2016-2017
2017-2018
2018-2019
Birthday
10th
11th
12th
13th
13th
14th
15th
16th
17th
18th
Club
Hiroshima Koyo Football Club U-12
Hiroshima Koyo Football Club U-12
Hiroshima Koyo Football Club U-12
Hiroshima Koyo Football Club U-12
Sanfrecce Hiroshima
Sanfrecce Hiroshima
Sanfrecce Hiroshima
Sanfrecce Hiroshima
Sanfrecce Hiroshima
Sanfrecce Hiroshima
Registration dates
01.07.2010 – 31.01.2011
01.02.2012 – 31.01.2012
01.02.2012 – 31.01.2013
01.02.2013 – 31.03.2013
01.04.2013 – 31.01.2014
01.01.2014 – 31.01.2015
01.01.2015 – 31.01.2016
01.01.2016 – 31.01.2017
01.01.2017 – 31.01.2018
01.01.2018 – 10.01.2019
Status
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Sporting season:
1 February to 31 January (Japan)
Transfer:
22 August 2019 from Sanfrece Hiroshima (Japan) to Portimonense SC
(Respondent)
Claimant club:
Hiroshima Koyo Football Club U-12 (Japan)
Respondent club:
Portimonense SC (Portugal)
Claim and Response:
1.
On 22 December 2020, the Claimant claimed training compensation in the amount of EUR
11,616.00 on the basis of the first registration as a professional of the Player with the
Respondent. The Claimant did not request the payment of interests.
2.
The Claimant argued having trained the Player, inter alia, between 1 February 2012 and 31
March 2013, i.e. for one complete sporting season of the Player’s 12th birthday and 59 days of
the Player’s 13th birthday season.
3.
On 1 February 2021, the FIFA administration submitted a proposal to the parties suggesting that
the Respondent should pay the amount of EUR 11,589.04 to the Claimant as training
compensation plus 5% interest as from 22 September 2019.
4.
The Claimant did not respond to the proposal.
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REF TMS 7467
5.
On 15 February 2021 the Respondent rejected the proposal and on 3 March 2021 submitted its
position by contesting the Claimant’s entitlement to receive training compensation for the
season of the player’s 12th birthday.
II. LEGAL CONSIDERATIONS
Applicable law:
RSTP: June 2019 edition.
Procedural Rules: January 2021 edition.
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Decision:
6.
The claim of the Claimant is based on the first registration of the player with the Respondent on
22 August 2019.
7.
It is undisputed that the Player was registered for the first time as a professional with the
Respondent on 22 August 2019, i.e. during the season of his 19th birthday.
8.
The Respondent contested the entitlement of the Claimant to receive training compensation for
the “2012 season” arguing that the Player had been registered with the Claimant between 1
July 2010 and 31 March 2013, i.e. “(…) for 2012 and 2013 season (…)” (sic!) and that the Player
turned 12 “(…) on the latter stage of the season and therefore the 2012 amount shall be
calculated in a pro rata basis and therefore shall not be assumed the time that the Player was
trained with only 12 years old.”
9.
In accordance with art. 1 par. 1 and art. 2 par. 1 lit. a) of Annexe 4 of the RSTP, training
compensation is due when a player is registered for the first time as a professional before the
end of the season of his 23rd birthday for training incurred up to the age of 21, unless it is evident
that the player has already terminated his training before the age of 21.
10.
It is also undisputed that the player was registered with the Claimant as indicated in the Player
passport issued by the JFA as follows: for one complete sporting season of the player’s 12th
birthday season and 58 days of the player’s 13th birthday season.
11.
Hence, Respondent incorrectly interpreted the Player passport failing to account for the fact that
the Claimant is entitled for training compensation for the full season in which the player had
turned 12, i.e. season 2012-13 as well as the following season.
12.
Consequently, the Claimant is entitled to receive training compensation in connection with the
first registration of the Player as a professional with the Respondent.
13.
It remained uncontested that the Respondent did not pay to the Claimant the training
compensation due as a result of the first registration of the Player as a professional.
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REF TMS 7467
14.
The amount of training compensation to be paid by the club registering a player for the first
time as a professional to the club(s) with which the latter was previously registered and that
contributed to his training from the season of his 12th birthday is calculated on a pro rata basis
according to the period of training that the player spent with each club (cfr. Art 3 par. 1 of
Annexe 4 of the RSTP).
15.
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 (cfr.
Art. 5 par. 3 of Annexe 4 of the RSTP). The training costs for players for the seasons between
their 12th and 15th birthdays are to be based on the training and education costs of category IV
clubs.
16.
The Claimant is entitled to training compensation for the following period of training of the
Player:
(i)
2012-2013 season (season of the Player’s 12th birthday): 365 days; and
(ii)
2013-2014 season (season of the Player’s 13th birthday): 58 days;
17.
The Respondent belonged to training category II when the Player was registered with it.
Furthermore, due to the fact that the Player had been registered with the Claimant during the
seasons of his 12th and 13th birthdays, the training cost is calculated on the basis of the
Respondent’s confederation’s IV category, i.e. UEFA Category IV – EUR 10.000 per season.
18.
The training costs are calculated as follows:
(i)
2012-2013 season - on the basis of a category IV club, i.e. for UEFA, EUR 10,000 per
year:
EUR 10,000
(ii)
2013-2014 season - on the basis of a category IV club, i.e. for UEFA, EUR 10,000 per
year :
EUR 10,000 x (58 / 365) = EUR 1,589.04
19.
The Claimant is entitled to receive EUR 11,589.04 as training compensation.
20.
As a result, the Claim of the Claimant is partially accepted.
21.
No procedural costs are levied (cfr. Art 18.1 of Procedural Rules).
22.
Art. 24 bis is applicable.
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REF TMS 7467
DECISION
1.
The claim of the Claimant, Hiroshima Koyo Football Club U-12, is partially accepted.
2.
The Respondent, Portimonense SC, shall pay to the Claimant:
EUR 11,589.04 as training compensation.
3.
All further claims of the Claimant are rejected.
4.
The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount (including all applicable interest).
5.
The Respondent shall provide evidence of payment of the due amount in accordance with this
decision to [email protected], duly translated, if applicable, into one of the official FIFA
languages (English, French, German, Spanish).
6.
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:
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.
7. 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 DRC:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF TMS 7467
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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