Training Compensation
Texto da decisão
TMS 6246
Decision of the
Single Judge of the sub-committee of
the Dispute Resolution Chamber
passed on 1 October 2020
regarding training compensation for the registration of the player Elliott Simoes
with Barnsley FC
BY:
Omar Ongaro (Italy), Single Judge of the sub-committee of the Dispute
Resolution Chamber
CLAIMANT:
AC Alcanenense, Portugal
RESPONDENT:
Barnsley FC, England
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TMS 6246
I. FACTS OF THE CASE
Player:
Elliott Simoes
Date of birth:
20 December 1999
Player passport 1:
issued by the Federação Portuguesa de Futebol (FPF)
Club(s)
Foot 21
Foot 21
Foot 21
Foot 21
Real SC
Real SC
AC Alcanenense
FC United of Manchester (England)
Player passport 2:
Date from
26.09.2008
17.09.2009
14.10.2010
06.12.2010
04.10.2011
12.09.2012
17.08.2017
18.12.2018
Date to
30.06.2009
30.06.2010
30.06.2011
30.06.2012
30.06.2012
30.06.2013
30.06.2018
30.06.2019
Status
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
issued by the Football Association (FA) on 2 July 2019
Club(s)
Registration dates
Status
FC United of Manchester
01/07/2018 - 13/12/2018
Professional
Cleared in to England from Portugal on 14/12/2018
FC United of Manchester
14/12/2018 - 14/12/2018
Amateur
FC United of Manchester
15/12/2018 - 17/01/2019
Professional
Barnsley FC
18/01/2019 - 04/05/2019
Professional
FC United of Manchester
05/05/2019 - 30/06/2019
Professional
Barnsley FC
01/07/2019 - 02/07/2019
Professional
Reg. type
Permanent
Cat.
4
Permanent
Permanent
Permanent
Permanent
Permanent
4
4
2
4
2
Sporting season:
1 July to 30 June of the following year (Portugal)
Date of transfer:
22 January 2019, from FC United of Manchester (England) to Barnsley FC
(England)
Claimant club:
AC Alcanenense (Portugal)
UEFA, category IV (EUR 10,000 per year)
Respondent club:
Barnsley FC (England)
UEFA, category II (EUR 60,000 per year)
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TMS 6246
Claim and Response:
1.
On 23 June 2020, the Claimant claimed the payment of EUR 30,493.15 as training
compensation from the Respondent on the basis of the registration of the player with the latter,
plus 5% per annum interest as from the due date until the date of effective payment.
2.
As per the Claimant, the transfer of the player to FC United of Manchester, “a category 4 club,
on December 2018” was simulated in order to circumvent the regulations on training
compensation and prevent the Respondent, a category 2 club, from having to pay training
compensation to the training clubs of the player.
3.
According to the Claimant, the player was hired by FC United of Manchester in December 2018
and subsequently transferred to the Respondent in January 2019 for “a very low amount” of
transfer compensation, GBP 15,000.
4.
With the above in mind, the Claimant deemed that the Respondent was to be considered the
player’s new club for the purpose of training compensation.
5.
On 17 July 2020, FIFA invited the Respondent to provide its position on the Claimant’s claim.
6.
The Respondent did not reply to FIFA’s correspondence.
7.
On 17 September 2020, the FA provided the following statement to FIFA:
“The FA can confirm that the player […] first registered with FC United of Manchester Under 19
team, to participate in the National League Youth Alliance, on 16 th January 2018.
As a result of FC United of Manchester seeking to register the player within an open age group
league it was brought to the attention of the Player Status department at The FA on 11 th
December 2018 that the player had not obtained the necessary International Clearance from
the Portuguese Football Federation (FPF) in order to register with FC United of Manchester.
The FA duly requested ITC from the FPF and the ITC was delivered by the FPF to The FA on 14 th
December 2018”.
8.
Additionally, the FA provided FIFA with the following player passport (Player passport 3) issued
on 27 August 2020:
Club(s)
Registration dates
Status
Cleared in to England from Portugal on 14/12/2018
FC United of Manchester
14/12/2018 - 14/12/2018
Amateur
FC United of Manchester
20/12/2018 - 21/01/2019
Professional
Barnsley FC
22/01/2019 - 30/06/2019
Professional
Barnsley FC
01/07/2019 - 02/03/2020
Professional
Barnsley FC
03/03/2020 - 30/06/2020
Professional
Barnsley FC
01/07/2020 - 27/08/2020
Professional
Reg. type
Cat.
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
4
4
2
2
2
2
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TMS 6246
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): June 2018 edition.
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (Procedural Rules): 2020 edition.
Jurisdiction:
Yes, uncontested.
Admissible:
Yes, uncontested.
Decision:
9.
The Claimant is requesting training compensation on the basis of the first registration of the
player as a professional with the Respondent.
10.
In accordance with the clarification provided by the FA (point I.7. above), the player was
registered with FC United of Manchester already on 16 January 2018, i.e. almost one year before
the date indicated in the Claimant’s claim.
11.
As further clarified by the FA (point I.7. above), only in December 2018 it had become aware of
the missing international clearance from Portugal and requested the necessary ITC, i.e. when FC
United of Manchester asked for the registration of the player in an open age group league.
12.
With the above in mind, the judge deemed that the first essential element for the possible
presumption of a circumvention of the rules on training compensation, i.e. a short and suspicious
registration with the middle club, falls away.
13.
Without the aforementioned aspect, such a circumvention should only be assumed with high
reservation.
14.
As per the judge, in the matter at hand, the course of action does not appear to represent an
unusual pattern of movement for the player. In fact, as per the judge, the player appears to have
been transferred as an amateur from a category IV club to another category IV club in January
2018, in order to play with FC United of Manchester an entire year at U-19 level in a youth
league only. Subsequently, FC United of Manchester offered the player a professional contract
for the remaining part of the 2018/19 season, and wanted him to play in an open age category.
Finally, during the next registration period, the player moved to the Respondent.
15.
Secondly, the judge deemed that the money "saved" by the Respondent, i.e. the difference
between the training compensation it would have had to pay and the transfer fee it paid, does
not appear to justify such a manoeuvre.
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TMS 6246
16.
With the above in mind, in accordance with art. 12 par. 3 of the Procedural Rules, the judge
concluded that the Claimant had not presented sufficient evidence demonstrating that the
involved clubs, i.e. FC United of Manchester and the Respondent, could have circumvented the
regulations on training compensation.
17.
For all the above reasons, the judge decided that the Respondent could not be considered the
player’s new club for the purpose of training compensation.
18.
As a result, the claim of the Claimant is rejected.
19.
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).
20.
Art. 24 bis of the RSTP is applicable.
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TMS 6246
DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, AC Alcanenense, is rejected.
2.
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 Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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TMS 6246
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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