Training Compensation
Texto da decisão
REF TMS 9487
Decision of the
Dispute Resolution Chamber
passed on 19 January 2022
regarding training compensation in relation with the registration of the player Ibrahim
Muhammad SAID
BY:
Frans De Weger (Netherlands), Chairperson of the Dispute Resolution Chamber
of the Football Tribunal
CLAIMANT:
DANTE FOOTBALL ACADEMY, Nigeria
RESPONDENT:
VIBORG FF, Denmark
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REF TMS 9487
I. FACTS OF THE CASE
Player:
Ibrahim Muhammad SAID
Date of birth:
15 June 2002
Player passport:
issued by the Nigeria Football Federation (NFF) on 24 November 2021
Season
2014
2015
2016
2017
2018
2019
Birthday
12th
13th
14th
15th
16th
17th
2020
18th
Club(s)
Dabo Babes FC
Dabo Babes FC
Dante Football Academy
Dante Football Academy
Dante Football Academy
Dante Football Academy
Dabo Babes FC
Dabo Babes FC
Registration dates
01/01/14 – 31/12/14
01/01/15 – 31/12/15
01/01/16 – 31/12/16
01/01/17 – 31/12/17
01/01/18 – 31/12/18
01/01/19 – 30/06/19
01/07/19 – 31/12/19
01/01/20 – 03/10/20
Status
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Amateur (permanent)
Sporting season:
1 January to 31 December (Nigeria)
Date of transfer:
4 October 2020, from Dabo Babes FC (Nigeria) to Viborg FF (Denmark) as
professional
Dabo Babes FC and Viborg FF signed an agreement dated 18 September 2020 via
which the clubs agreed to the transfer of the player against the payment of EUR
60,000 payable as follows:
a. EUR 40,000 25 after receipt of ITC (25 days after 4 October 2020, i.e.
30 October 2020); and
b. EUR 20,000 by 31 January 2021.
The clubs also agreed on a EUR 15,000 conditional fee.
The clubs inter alia stipulated the following within the terms of the agreement:
“Dabo Babes FC is currently part of a valid professional player agreement with [the
player].
Viborg FF is interested in engaging the services of the player, according to the terms
and conditions of the present transfer agreement.
Dabo Babes FC is willing to release and definitively transfer the player to Viborg FF,
according to the terms and conditions of the transfer agreement in accordance with
the current FIFA Regulation.”
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REF TMS 9487
The player signed an employment contract with Viborg FF valid as from 5 October
2020 until 30 June 2024, according to which the player inter alia would receive a
monthly salary of c. EUR 3,000.
Claimant club:
Dante Football Academy (Nigeria)
Respondent club:
Viborg FF (Denmark)
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1.
On 26 November 2021, the Claimant lodged the present claim and requested EUR 65,000 as training
compensation for the first registration of the player as a professional with the Respondent, “plus 5%
p.a. interest from the due date.”
2.
In its calculation, the Claimant took the yearly amount foreseen for UEFA category IV clubs, which is
the amount foreseen for a player’s 12th to 15th birthdays seasons, i.e. EUR 10,000, which it applied
for the seasons of the player’s 14th and 15th birthdays.
3.
In continuation, the Claimant applied the yearly amount foreseen for category III clubs in UEFA, i.e.
EUR 30,000, which it applied in full for the season of the player’s 16th birthday, and in half for the
registration of the player during the season of his 17th birthday, which lasted half a season only.
4.
On 6 January 2022, the Respondent rejected the claim of the Claimant.
5.
First, the Respondent argued that the player had a professional contract with Dabo Babes FC.
6.
In this respect, the Respondent referred to the declarations made in the transfer agreement it had
signed with Dabo Babes FC, as well as a declaration made by Mr. Adu, the player’s agent, whom
confirmed in writing on 11 December 2021 the following:
“[The Claimant] alleges that [the player] was registered to them for a number of years before being
transferred to Dabo Babes and, as such, they should have received compensation at the time [the
player] was signed by [the Respondent] in October 2020.
This letter is to confirm that I had no knowledge of [the player] ever having been registered with [the
Claimant]. It was never mentioned throughout the entirety of the work and negotiations that resulted
in [the player] being transferred to [the Respondent].”
7.
8.
The Respondent insisted that, by ensuring that they had transferred a player with professional status
with his last club, which had only played with said last club in Nigeria, it had acted in god faith.
Furthermore, the Respondent pointed out that the content of the player passport, which was never
uploaded by the NFF in TMS, is contradictory with the above, since the player is indicated to have
only been registered as an amateur throughout its entire youth career.
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REF TMS 9487
9.
The Respondent concluded that the claim was a “fraudulent attempt to get training compensation.”
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): October 2020 edition
Procedural Rules Governing the Football Tribunal (Procedural Rules): October 2021
edition
Decision:
1.
The claim of the Claimant is based on the transfer of the player as professional between Dabo Babes
FC and the Respondent.
2.
According to the player passport issued by the NFF, the player was always registered as an amateur
in Nigeria.
3.
In particular, according to this document, the player was registered with the Claimant as from 1
January 2016 until 30 June 2019, that is to say during:
a.
b.
c.
d.
The entire season of his 14th birthday;
The entire season of his 15th birthday;
The entire season of his 16th birthday; and
181 days of the season of his 17th birthday.
4.
It is undisputed that the player registered as a professional with the Respondent on 4 October 2020,
i.e. during the season of his 18th birthday, directly from Dabo Babes FC.
5.
Art. 2 par. 1 lit. i) of Annexe 4 RSTP stipulates that 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.
6.
Art. 3 par. 1 of Annexe 4 RSTP foresees 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 previously been registered (in accordance with
the players’ career history as provided in the player passport) and that has contributed to his training
starting from the season 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.
7.
Thus, based on the above, the registration of the player with the Respondent constituted in principle
a first professional registration, and training compensation would be due to the player’s training
clubs.
8.
Nevertheless, the Respondent held that no training compensation was due to the Claimant since the
player was already a professional with Dabo Babes FC, before transferring to the Respondent, and
that in any case the player only played with Dabo Babes FC in Nigeria.
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REF TMS 9487
9.
According to art. 13 par. 5 of the Procedural Rules, a party that asserts a fact has the burden of
proving it.
10.
The Respondent carries the burden of proving that the player was in fact a professional player with
his last club in Nigeria, i.e. Dabo Babes FC, and that he never played for the Claimant.
11.
The Respondent’s position is based on the representation made by Dabo Babes FC in the transfer
agreement, and the declaration of the player’s agent..
12.
In accordance with art. 2 par. 2 of RSTP as well as the jurisprudence of the DRC, a player is considered
a professional if (1) he has signed a written contract with a club and (2) is receiving a retribution
(financial and/or in kind) for his footballing activity which is greater than the expenses he effectively
incurs.
13.
The Respondent did not provide any copy of the alleged employment contract that tied the player to
Dabo Babes FC. As such, the written contract prerequisite is not met.
14.
Therefore, it is established that the Respondent did not submit any conclusive evidence that the
player was to be considered a professional with Dabo Babes FC in the sense of art. 2 par. 2 RSTP.
15.
Consequently, it is determined that the player was registered as an amateur with Dabo Babes FC.
16.
Therefore, reverting back to point II. 5 and 6 above, the registration of the player with the
Respondent on 4 October 2020 constituted the first professional registration of the player before the
end of the season of his 23rd birthday.
17.
As a consequence, training compensation is due to every club with which the player has previously
been registered (in accordance with the players’ career history as provided in the player passport)
and that has contributed to his training starting from the season of his 12th birthday, and on a pro
rata basis if less than one year (cf. art. 3 par. 1 of Annexe 4 RSTP).
18.
As to the registration of the player with the Claimant, the Respondent contested the contents of the
NFF player passport, and pointed out that the NFF never uploaded it in TMS.
19.
The Respondent did not submit any proof that it had contacted the NFF prior to the player’s
registration to obtain the player’s career history in Nigeria. In fact, the Respondent admitted having
relied on the player’s agent and the player’s former club’s declarations only.
20.
By doing so, the Respondent did not act with due diligence, and, as such, shall bear the legal
consequences of such action.
21.
The Claimant’s entitlement to training compensation cannot be affected by the NFF’s apparent
oversight regarding the absence of uploading of the player’s passport in TMS, nor by any declarations
made by third parties such as a player’s agent.
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REF TMS 9487
22.
In the absence of conclusive evidence which would contradict the contents of the player passport,
the allegations of the Respondent regarding the player’s registration with the Claimant are dismissed.
It is established that the NFF player passport contains the accurate career history of the player in
Nigeria.
23.
The player was registered with the Claimant as from 1 January 2016 until 30 June 2019, that is to say
during:
a.
b.
c.
d.
The entire season of his 14th birthday;
The entire season of his 15th birthday;
The entire season of his 16th birthday; and
181 days of the season of his 17th birthday.
24.
In view of the above, training compensation is due to the Claimant.
25.
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.
26.
The player registered with the Respondent on 4 October 2020.
27.
Thus, the Respondent had to pay any due training compensation by 3 November 2020.
28.
It is undisputed that the Respondent did not pay training compensation to the Claimant.
29.
Art. 5 par. 2 of Annexe 4 RSTP stipulates 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 season of the player’s 12th birthday to the
season of his 21st birthday.
30.
The Respondent was classified under category III when it registered the player. The yearly amount
set for category III clubs in UEFA corresponds to EUR 30,000.
31.
According to art. 5 par. 3 of Annexe 4 RSTP, in order to ensure that training compensation for very
young players is not set at unreasonably high levels, 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.
32.
The yearly amount set for category IV clubs in UEFA corresponds to EUR 10,000.
33.
In view of all the above, the Claimant is entitled to receive training compensation of EUR 64,876.71,
corresponding to:
a. EUR 10,000 for the training and education provided to the player during the entire season
of his 14th birthday;
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REF TMS 9487
b. EUR 10,000 for the training and education provided to the player during the entire season
of his 15th birthday;
c. EUR 30,000 for the training and education provided to the player during the entire season
of his 16th birthday; and
d. EUR 14,876.71 for the training and education provided to the player during the 326 days of
the season of his 17th birthday.
34.
Taking into consideration the Claimant’s claim as well as art. 3 par. 2 of Annexe 4 RSTP, the
Respondent has to pay, in conformity with the longstanding practice of the DRC, interest of 5% p.a.
over the amount payable as training compensation as of 31 days after the registration of the player
with it, i.e. as from 4 November 2020 until the date of effective payment.
35.
Consequently, the claim of the Claimant is partially accepted. Any further claim of the Claimant is
rejected.
36.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for disputes between
clubs regarding the payment of training rewards.
37.
The Claimant claimed the amount of EUR 65,000.
38.
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 set at USD 10,000 (cf.
art. 2 of Annexe 1 to the Procedural Rules).
39.
According to art. 25 par. 5 of the Procedural Rules, the chamber will decide the amount that each
party is due to pay, in consideration of the parties’ degree of success and their 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.
40.
In view the specific circumstances of the case, procedural costs shall be set at USD 7,000
41.
In view of the outcome of the claim, said costs shall be borne by the Respondent in full.
42.
Art. 24bis is applicable.
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REF TMS 9487
III. DECISION
1.
The claim of the Claimant, Dante Football Academy, is partially accepted.
2. The Respondent, Viborg FF, shall pay to the Claimant EUR 64,876.71 as training compensation, plus 5%
interest p.a. on that amount, as from 4 November 2020 until the date of effective payment.
3. Any further claim of the Claimant is rejected.
4. Full payment (including all applicable interest) shall be made to the bank account indicated in the
enclosed Bank Account Registration Form.
5. Pursuant to article 24bis 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.
6. The consequences shall only be enforced at the request of the Claimant in accordance with article
24bis of the Regulations on the Status and Transfer of Players.
7. The final costs of the proceedings in the amount of USD 7,000 are to be paid by the Respondent to
FIFA with reference to case no. TMS 9487 (cf. note relating to the payment of the procedural costs
below).
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF TMS 9487
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 17 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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