Training Compensation
Texto da decisão
REF TMS 13691
Decision of the
Dispute Resolution Chamber
passed on 28 November 2023
regarding training compensation for the
player Cristian SÎRGHI
BY:
Mr. Clifford Hendel (USA), Single Judge of the Dispute
Resolution Chamber of the Football Tribunal
CLAIMANT:
FC Iskra, Moldova
RESPONDENT:
AFC Botosani, Romania
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REF TMS 13691
I. FACTS OF THE CASE
Player:
Cristian SÎRGHI
Date of birth:
24 June 2004
Player passport (s):
- issued by the Football Association of Moldova (FMF):
Year
2016
2017
2018
2019
2020
2021
Birthday Club(s)
th
th
th
th
th
th
12
13
14
15
16
17
Registration dates
Status
SSSF Nr. 1
01/01/16
31/12/16
Amateur
SSSF Nr. 1
01/01/17
31/12/17
Amateur
SSSF Nr. 1
01/01/18
31/12/18
Amateur
SSSF Nr. 1
01/01/19
31/12/19
Amateur
FC Iskra
31/07/20
31/12/20
Amateur
FC Iskra
01/01/21
01/02/21
Amateur
CSF Spartanii-Sportul
22/02/21
07/07/21
Amateur
Registration dates
Status
- issued by the Romanian Football Federation (FRF):
Year
Birthday Club(s)
2021
17th
AFC Botosani
17/12/21
31/12/21
Amateur
2022
th
AFC Botosani
01/01/22
20/08/22
Amateur
AFC Botosani
20/08/22
25/08/22
Professional
CS Orasenesc Viitorul
26/08/22
31/12/22
Pro (on loan)
CS Orasenesc Viitorul
01/01/23
30/06/23
Pro (on loan)
2023
18
th
19
Date of registration: 20 August 2022 as a professional with AFC Botosani (Romania)
Claimant club:
FC Iskra (Moldova)
Respondent club: AFC Botosani (Romania)
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1.
On 2 November 2023, the Claimant lodged the present claim and requested
EUR 15,287.67 as training compensation for the first registration of the player as a
professional with the Respondent, plus 5% interest p.a. as of the due date, until the date
of effective payment .
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REF TMS 13691
2.
The Claimant
186 days between 31 July 2020
and 1 February 2021, during the calendar years of his 16th and 17th birthdays.
3.
To reach the abovementioned amount, the Claimant multiplied pro rata the 186 days of
4.
On 7 November 2023, the FIFA general secretariat proposed the Respondent should pay
EUR 15,287.67 as training compensation plus 5% interest per annum as
from 20 September 2022 until the date of effective
.
5.
On 22 November 2023, the Respondent rejected the abovementioned proposal.
6.
The Respondent is of the opinion that no training compensation is due to the Claimant.
7.
It bases its argument on a document apparently issued by the Claimant which states
the player Sirghi Cristian, born on 24.06.2004, to any club he will wish. We do not have
.
8.
In reply to the above, the Claimant stated that
should not be considered a valid waiver because the document does not show the explicit
renouncement towards their FIFA Training Compensation entitlement stipulated in the FIFA
regulations .
9.
The Claimant is of the opinion that the document presented by the Respondent is a
mere administrative document to inform the Player and the FMF that the player was free to
be registered with a new club, but not a waiver of FIFA Training Compensation entitlement .
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): July 2022
edition.
Procedural Rules Governing the Football Tribunal (Procedural Rules):
March 2023 edition.
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Decision:
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REF TMS 13691
1.
The claim of the Claimant s based on the first registration of the player as a professional
with the Respondent.
2.
inter alia that the latter had
waived its training compensation entitlement in relation to the registration of the player
with the former. In support of its allegation, the Respondent provided a copy of a
document signed by the Claimant on 19 November 2020.
3.
The Claimant contested the validity of the document as a waiver as it understands it
does not show an explicit renouncement towards their FIFA Training Compensation
entitlement stipulated in the RSTP.
4.
According to the jurisprudence of the Dispute Resolution Chamber (DRC), the validity of
a conventional waiver is subject to a clear and unequivocal declaration by the party
rights. Implied waivers are not recognized.
5.
Accordingly, and given that training compensation is a right stipulated in the RSTP, the
existence of a waiver of this right may only be assumed in case it was unmistakable that
the renouncing club has indeed intended to waive its right to training compensation.
6.
In other words, the above jurisprudence requires a document:
a. Containing a clear and unequivocal renouncement to training compensation;
and
b. Issued by the party concerned by such renouncement.
7.
In casu, the alleged waiver met the second prerequisite above, as it is issued by the
Claimant.
8.
However, the document does not present a clear and unequivocal renouncement to
training compensation.
9.
In accordance with the evidence presented by the parties in this procedure, the alleged
waiver textually refrains itself to stating to
,
that the player is authorized to register with another club if he wishes to do it so.
10.
Moreover, in light of the information available on the FMF player passport, the player
did not leave the Claimant on the date the alleged waiver was issued, on 19 November
2020, as he was registered with the Claimant from 31 July 2020 until 1 February 2021.
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REF TMS 13691
11.
Therefore,
entitlement to training compensation for the first professional registration of the player
with the Respondent has not been renounced to.
12.
As established above, the player was registered for the first time as a professional with
the Respondent on 20 August 2022. In this respect, Annexe 4 of the RSTP stipulates that
any training compensation due in connection with the first registration as a professional
of a player shall be distributed, by the club registering the player as a professional for
passport(s).
13.
In casu, the Respondent shall be responsible to distribute training compensation for the
first registration of the player as a professional to the club(s) affiliated to any different
member association(s) where the player was registered as from the start of his 12th
birthday season up until the start of his registration with the Respondent (i.e. 20 August
2022) in accordance with the information contained within the relevant player
passport(s).
14.
According to the jurisprudence of the DRC, the chamber shall in principle rely on the
information inputted in the player passport(s) issued by the relevant member
association(s) unless there is clear evidence that would contradict its content.
15.
The registration history presented on the FMF player passport is uncontested, so FIFA
bases its calculation on the information there available. The player was registered with
the Claimant for 186 days, between 31 July 2020 and 1 February 2021, during the
calendar years of his 16th and 17th birthdays.
16.
Training compensation is in general calculated based on the training costs of the new
club multiplied by the number of years of training with the previous clubs in the context
of the first registration as a professional (cf. art. 20 and Annexe 4 RSTP).
17.
As such, it is determined that (1) the player was first registered as a professional with
the Respondent, a UEFA category III club, with training costs of EUR 30,000 per year, on
20 August 2022; and (2) the player was registered with the Claimant for 186 days
between the calendar years of his 16th and 17th birthdays; the Claimant shall receive
training compensation in the amount of EUR 15,287.67.
18.
Furthermore, the Claimant requested the award of interest rate of 5% per annum as
from the due date of payment.
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REF TMS 13691
19.
In accordance with the well-established jurisprudence of the DRC, interest is applied as
from the first overdue day for the payment of training compensation.
20.
According to art. 3 par. 1 of Annexe 4 RSTP, the Respondent had 30 days after registering
the player as a professional to pay training compensation to the Claimant, i.e. up until
19 September 2022.
21.
As a result, the Claimant shall receive interest in the rate of 5% per annum as from the
date at which training compensation became overdue to the Claimant, that is to say as
from 20 September 2022.
22.
The interest rate of 5% per annum on EUR 15,287.67 shall apply until the date of effective
payment of the outstanding training compensation and its applicable interest.
23.
Consequently, the claim of the Claimant is accepted, and the Respondent shall pay
training compensation in the amount of EUR 15,287.67 plus 5% interest p.a. as from 20
September 2022 until the effective date of payment.
24.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of training rewards.
25.
Thus, the amount claimed by the Claimant corresponds to an amount lower than USD
49,999. Therefore, procedural costs levied in this respect are fixed at USD 5,000 (cf. art.
2 of Annexe 1 to the Procedural Rules).
26.
According to art. 25 par. 5 of the Procedural Rules, the chamber will decide the amount
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.
27.
In view the specific circumstances of the case, procedural costs shall be set at USD 1,600.
28.
Given the outcome of the claim, the procedural costs shall be borne by the Respondent.
29.
Art. 24bis RSTP is applicable to the matter at hand.
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REF TMS 13691
III. DECISION
1. The claim of the Claimant, FC Iskra, is accepted.
2. The Respondent, AFC Botosani, has to pay to the Claimant the amount of EUR 15,287.67
as training compensation plus 5% interest p.a. as from 20 September 2022 until the
effective date of 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 1,600 are to be paid by the
Respondent to FIFA reference to case no. TMS 13691 (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 13691
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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