Training Compensation
Texto da decisão
REF TMS 13095
Decision of the
Dispute Resolution Chamber
passed on 06 August 2023
regarding training compensation for the player Yevgenii SERDIUK
BY:
Frans de Weger (The Netherlands), Chairman
CLAIMANT:
Casa Pia AC, Portugal
RESPONDENT:
Cherno More, Bulgaria
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REF TMS 13095
I. FACTS OF THE CASE
Player:
Yevgenii SERDIUK
Date of birth:
24 April 1998
Player passport:
issued by the Portuguese Football Federation (FPF):
Season
Club
Period
Player Status
Nature of registration
2016
Cd Fátima,
From 28.09.2016 to
Amateur
Permanent
Sad
30.06.2017
Cd Fátima,
From 15.08.2017 to
Professional
Permanent
Sad
30.06.2022
Cd Fátima,
From 01.07.2019 to
Professional
Permanent
Sad
12.02.2019
Boavista
From 13.02.2019 to
Professional
Permanent
F.C., Futebol
22.09.2019
Professional
Loan
Professional
Permanent
Professional
Permanent
2017
2018
2018
SAD
2019
Casa Pia
From 23.09.2019 to
Atlético
02.08.2020
Clube,
Futebol
Sduq, Lda
2020
Boavista
From 03.08.2020 to
F.C., Futebol
30.06.2022
SAD
2021
PFC Cherno
From 03.09.2021
More
(Bulgária)
Date of transfer:
11 September 2021, from Boavista FC (Portugal) to Cherno More
(Bulgaria) as a professional (engage out of contract free of payment)
Claimant club:
Casa Pia AC, Portugal
UEFA, category III (EUR 30,000 per year)
Respondent club: Cherno More, Bulgaria
UEFA, category III (EUR 30,000 per year)
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REF TMS 13095
Claim and Response:
1.
On 30 June 2023, the Claimant requested the payment of EUR 8.219,18 as training
compensation on the basis of the registration of the player as a professional with the
Respondent on 11 September 2021, plus 5% (five percent) per annum on the mentioned
amount from the relevant due date until the date of effective payment.
2.
In its calculations, the Claimant took into consideration the average of its and the
Re
EUR 30,000 per year, which it multiplied pro rata by the 100 days the player was
st
registered with the Claimant
birthday.
3.
The Claimant is basing its claim on the jurisprudence developed by the Dispute
Resolution Chamber (DRC) according to which a club which had the player on loan from
its parent club is in principle en
next club should the player be registered permanently as a professional.
4.
On 3 July 2023, the FIFA general secretariat presented a proposal to the parties to settle
the matter suggesting that the Respondent should pay the Claimant the sum of EUR
8,219.18 as training compensation, plus 5% interest p.a. as from 12 October 2021 until
the date of effective payment.
5.
The proposal was accepted by the Claimant and rejected by the Respondent.
6.
On 14 July 2023, the Respondent argued that there was no international transfer of the
player from his former club, Boavista, to the Respondent, considering that the
Respondent signed a professional contract with the player on 10 September 2021 after
the termination of the contract of the player with Boavista by mutual consent on 21
September 2020.
7.
Furthermore, the Respondent stated that at the time of the signing of the contract
between the Respondent and the player, the latter was at least 23 years old .
8.
In view of the above, the Respondent concluded that the Claimant is not entitled to
training compensation.
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REF TMS 13095
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): August 2021
edition
Procedural Rules Governing the Football Tribunal (Procedural Rules):
March 2023
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Decision:
1.
The claim of the Claimant is based on the subsequent registration of the player as a
professional with the Respondent.
2.
The Respondent stated that no training compensation is due to the Claimant since the
player and his former club terminated their employment contract by mutual agreement.
3.
place between the ages of 12 and 23. Training compensation shall be payable, as a
general rule, up to the age of 23 for training incurred up to the age of 21, unless it is
evident that a player has already terminated his training period before the age of 21.
4.
In accordance with art. 2 par. 1. of Annexe 4 of the RSTP, training compensation is due
inter alia when a professional is transferred between clubs of two different associations
(whether during or at the end of his contract), before the end of the calendar year of his
23rd birthday.
5.
The player was registered as a professional with the former club Boavista F.C. until 30
June 2022, and then the the player registered as a professional with the Respondent on
11 September 2021, i.e. during the course of the calendar year of his 23 rd birthday.
6.
As such, training compensation is due on the basis of the subsequent registration of the
player as a professional with the Respondent.
7.
Art. 3 par. 1 of Annexe 4 of the RSTP stipulates that for subsequent transfers of the
professional, the club with which the player is registered is responsible for paying
training compensation within 30 days of registration only to his former club (and any
club which had the player directly on loan) for the time he was effectively trained by that
club.
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REF TMS 13095
8.
Furthermore, according to the DRC jurisprudence, any loan(s) that took place during a
registration with the former club up until his registration with the new club constitutes
one timeframe, irrelevant of any loan(s) that may have taken place during this period.
9.
The player was registered with the Claimant as a professional, on loan from the former
club (Boavista), as from 23.09.2019 to 02.08.2020, respectively during 100 days of the
calendar year of his 21st birthday and during 215 days of the calendar year of his 22nd
birthday.
10.
Therefore, training compensation is due to the Claimant in accordance with art. 2 par. 1
lit. b) of Annexe 4 of the RSTP and the jurisprudence of the DRC.
11.
Art. 3 par. 1 of Annexe 4 of the RSTP stipulates that for subsequent transfers of the
professional, the club with which the player is registered is responsible for paying
training compensation within 30 days of registration only to his former club (and any
club which had the player directly on loan) for the time he was effectively trained by that
club.
12.
According to the player passport issued by the FPF, the player was registered with the
Claimant, on loan from the former club, as from 23 September 2019 to 02 August 2020.
In this respect, considering that the player was born on 24 April 1998 and 2019 was the
st
birthday, the period to be considered for the calculation
of the training compensation is between 23 September 2019 and 31 December 2019, i.e.
st
100
birthday.
13.
In accordance with art. 5 par. 2 of Annexe 4 of the RSTP, in the case of subsequent
transfers, training compensation is calculated based on the training costs of the new
club multiplied by the number of years of training with the former club, or, in casu, the
Claimant which had the player directly on loan from the former club.
14.
Art. 6 of Annexe 4 of the RSTP foresees special provisions regarding training
compensation for clubs that are located within the territory of the European Union (EU)
and/ or the European Economic Area (EEA).
15.
In casu, the Claimant is based in Portugal and the Respondent in Bulgaria, both countries
being member of the EU.
16.
Therefore, art. 6 of Annexe 4 of the RTSP is applicable to the matter at hand as lex
specialis.
17.
In accordance with art. 6 par. 1 lit b) of Annexe 4 of the RSTP, for players moving from
one association to another inside the territory of the EU/EEA, the calculation shall be
based on the average training costs of the two clubs if the player moves from a lower (in
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REF TMS 13095
casu category III within UEFA, i.e. EUR 30,000) to a higher category club (in casu category
III within UEFA, i.e. EUR 30,000).
18.
In view of the above, the amount to be taken into account in casu as training cost is EUR
30,000 per year.
19.
Art. 3 par. 1 of Annexe 4 of the RSTP stipulates that the amount payable of training
compensation is calculated on a pro rata basis according to the period of training that
the player spent with each club.
20.
As established under point II./12., the player was registered with the Claimant for 100
days during
.
21.
The training costs are calculated as follows:
(i)
Year 2019 on the basis of a UEFA category III club, i.e. EUR 30,000.00 per
year: EUR 30,000 x (100/365) = EUR 8,219.18
22.
Consequently, the Claimant is entitled to training compensation of EUR 8,219.18 for the
period of 100 days of training of the player during the calendar years of his 21st birthday.
23.
The arguments of the Respondent in relation to the fact that training compensation
should not be due to the Claimant because the former club and the player mutually
terminated
compensation cannot be affected by agreements the Claimant is not a party to and/or
representations made by third parties.
24.
Furthermore, the Claimant requested to be awarded 5% interest p.a. as from the due
date until the date of effective payment.
25.
-established
jurisprudence of the DRC with regard to interest, the Claimant is entitled to receive
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 12 October 2021 until the date of
effective payment.
26.
In view of all the above, the claim of the Claimant is accepted and the Claimant is entitled
to receive EUR 8,219.18 as training compensation, plus 5% interest p.a. on that amount,
as from 12 October 2021 until the date of effective payment.
27.
Art. 25 par. 2 of the Procedural Rules stipulates that costs in the maximum amount of
USD 25,000 are levied in connection with proceedings before the DRC of the Football
Tribunal relating to disputes regarding training compensation and the solidarity
the proceedings (art. 25 par. 5 of the Procedural Rules).
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28.
29.
30.
The succeeding party is the Claimant and the amount claimed in the present dispute
corresponded to EUR 8.219,18. Therefore, procedural costs levied in this respect shall
not exceed USD 5,000 (cf. art. 2 of Annexe 1 of the Procedural Rules).
of USD 1,000 are to be paid by the Respondent.
The relevant provisions of art. 24bis of the RSTP are applicable to the present matter.
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REF TMS 13095
III. DECISION OF THE DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Casa Pia AC, is accepted.
2.
The Respondent, Cherno More, shall pay the Claimant EUR 8,219.18 as training
compensation plus 5% interest p.a. as from 12 October 2021 until the date of effective
payment.
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 1,000 are to be paid by the
Respondent to FIFA with reference to case no. TMS 13095 (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 13095
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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