Training Compensation
Texto da decisão
REF TMS 13689
Decision of the
Dispute Resolution Chamber
passed on 5 January 2024
regarding training compensation for the the player Cristian Sîrghi
BY:
Clifford J. Hendel (USA & France), Deputy Chairperson
CLAIMANT:
RESPONDENT:
AFC BOTOSANI, Romania
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REF TMS 13689
I. FACTS OF THE CASE
Player:
Cristian Sîrghi
Date of birth:
24 June 2004
Player passport:
2023
issued by the Football Association of Moldova (FMF) on 12 September
Years
2021
2020 2021
2016 - 2019
Birthday
17th
16th 17th
12th 15th
Club(s)
CSF Spartanii-Sportul
FC Iskra
Registration dates
22.02.2021 07.07.2021
31.07.2020 01.02.2021
02.09.2013 31.12.2019
Status
Amateur
Amateur
Amateur
Transfer:
on 17 December 2021, from CSF Spartanii-Sportul (Moldova) to the club AFC
Botosani (Romania) as an amateur.
Claimant:
F Nr. 1, Moldova
Respondent: AFC Botosani, Romania
Claim and Response:
1. On 1 November 2023, the Claimant requested EUR 40,000.00 as training compensation
from the Respondent for the first registration of the player as a professional, plus 5% p.a.
interest as of the due date, until the date if effective payment.
2. Considering that the player appeared to have been registered as an amateur with the
Respondent, the FIFA general secretariat inquired the Romanian Federation about the
status and registration of the player.
3. On 7 November 2023, the Romanian Football Federation provided a copy of the player
passport which reads as follows:
Years
2021 - 2022
2022 - 2023
2022 - 2023
Birthday
17th 18th
18th 19th
18th 19th
Club(s)
AFC Botosani
AFC Botosani
CS Orasenesc Viitorul
Darabani
Registration dates
17.12.2021 20.08.2022
20.08.2022 30.06.2023
26.08.2022 30.06.2023
Status
Amateur
Professional
Professional
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4. On 22 November 2023, the FIFA general secretariat submitted to the parties a proposal
indicating that the Respondent should pay EUR 40,000.00 to the Claimant, plus 5% interest
per annum as from 20 September 2022, until the date of effective payment.
5. The proposal was accepted by the Claimant, but rejected by the Respondent.
6. The Respondent argued that the Claimant had waive its right to training compensation
on a letter dated 20 August 2021.
7. The translation of said letter reads as follows:
no financial or other claims against the player Sirghi Cristian, born on 24.06.2004 number of
Identity card B 03082897 and does not claim compensation for the training of the young
footballer Sirgui Cristian, and has no material and financial claim to the given player and also
has no financial claims of any kind to any Football Club, which will continue to hire him, from
8. The Claimant indicated that the
document uploaded by the Respondent causes an impossibility for the Claimant and FIFA to
Therefore, requested it to be considered
invalid evidence.
9. Furthermore, it made reference to the DRC longstanding jurisprudence regarding
waivers. Making special emphasis on how it must be explicit and unequivocal.
10. Subsidiarily, in case the DRC considered the alleged waiver as valid, the Claimant argued
that said document is merely an administrative document certifying the termination of
the employment contract with the player.
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 edition
Jurisdiction:
yes, uncontested.
Admissible:
yes, uncontested.
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Proposed Decision:
1. The Claimant is requesting training compensation on the basis of 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
the alleged waiver in its original language and a translation of it to English.
3. The Claimant contested the validity of the waiver since it is not explicit nor did it refer
in favour of which club the Claimant was allegedly renouncing its training
compensation entitlement.
4. According to the jurisprudence of the DRC, the validity of a conventional waiver is
subject to a clear and unequivocal declaration by the party concerned, requiring clear
rs
are not recognised. 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.
5. 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.
6. In casu, the alleged waiver met the following criteria: (i) it is expressly referring to the
training compensation; and (ii) it clearly refers to the player at stake.
7. As such, the first prerequisite of a valid waiver is met, i.e., a clear and unequivocal
renouncement to training compensation.
8. The Respondent did not provide evidence that the issuance and notification of the
first
professional registration.
9. Moreover, the alleged waiver was issued by the club CSF Voluntarii and is signed by the
president of said club, however, the Claimant in the present claim, is the Moldovan
10. Therefore, the second prerequisite is not met as the party concerned by such
renouncement is not the Claimant.
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11. As such, in view of the above, since (1) the authenticity of the waiver is contested; and
(2) the alleged waiver seems to have been issued by another club, it is determined that
the waiver does not meet the second prerequisite established by the jurisprudence of
the DRC, i.e. it cannot be established that it was issued by the party waiving its training
compensation rights.
12. Consequently, the alleged waiver shall not be taken into consideration, and the
of the player with the Respondent has not been renounced to.
13. The player was registered for the first time as a professional with the Respondent on
20 August 2022. In this respect, art. 3 par. 1 of 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 the
passport.
14. According to the player passport issued by the FMF the player was registered with the
Claimant as follows:
a) From 1 January 2016 until 31 December 2016, i.e., during 366 days of the year of
th
birthday;
b) From 1 January 2017 until 31 December 2017, i.e., during 365 days of the year of
th
birthday;
c) From 1 January 2018 until 31 December 2018, i.e., during 365 days of the year of
th
birthday; and
d) From 1 January 2019 until 31 December 2019, i.e., during 365 days of the year of
th
birthday.
For a total of 1461 days.
15. In the context of a first professional registration, training compensation is calculated
based on the number of years of training and education given by the previous training
clubs multiplied by the training costs of the new club (cf. art. 5 par. 2 of Annexe 4 of the
RSTP).
16. Additionally, to ensure that training compensation for very young players is not set at
unreasonably high levels, the training costs for players for the calendar years of their
12th to 15th birthdays, shall be based on the training and education costs of category
4 clubs.
17. The Respondent is a UEFA category III club, i.e., EUR 30,000.00.
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18. Notwithstanding the above, since the player was registered with the Claimant during
the years of the players 12th to 15th birthdays, the calculation of training
compensation will be based on UEFA category IV clubs, i.e., EUR 10,000.00
19. As such, it is determined that (1) the player was first registered as a professional with
the Respondent on 20 August 2022; and (2) the player was registered with the Claimant
as established above (point II. /14.); the Claimant shall receive training compensation
in the amount of EUR 40,000.00
20. Furthermore, the Claimant requested the award of interest rate of 5% per annum as
from the due date.
21. 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.
22. 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.
23. 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.
24. The interest rate of 5% per annum on EUR 40,000.00 shall apply until the date of
effective payment of the outstanding training compensation and its applicable interest.
25. In view of all the above, the claim of the Claimant is accepted and the Respondent shall
pay training compensation in the amount of EUR 40,000.00, plus 5% interest p.a. as
from 20 September 2022 until effective payment.
26. Any further claim of the Claimant is rejected.
27. According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of training rewards.
28. The amount in dispute is of EUR 40,000.00, thus, it is an amount lower than USD
49,999.99. Therefore, procedural costs levied in this respect are fixed at a maximum of
USD 5,000.00 (cf. art. 2 of Annexe 1 to the Procedural Rules).
29. According to art. 25 par. 5 of the Procedural Rules, the chamber will decide the amount
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.
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30. Consequently, the procedural costs shall be set at USD 3,000.00 and shall be borne by
the Respondent entirely.
31. Article 24, pars. 7 and 8 are applicable to the present matter.
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III.
DECISION OF THE DISPUTE RESOLUTION CHAMBER
1.
accepted.
2.
The Respondent, AFC Botosani, has to pay to the Claimant, EUR 40,000.00 as training
compensation plus 5% interest p.a. as from 20 September 2022, until the date of effective
payment.
3.
Any further claims of the Claimant are 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 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.
6. The consequences shall only be enforced at the request of the Claimant in accordance
with article 24 paragraphs 7 and 8 of the Regulations on the Status and Transfer of Players.
7. The final costs of the proceedings in the amount of USD 3,000.00 are to be paid by the
Respondent to FIFA reference to case no. TMS 13689 (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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NOTE RELATED TO THE APPEAL PROCEDURE:
Pursuant to article 57 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
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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