Training Compensation
Texto da decisão
Decision of the
Single Judge of the sub-committee of
the Dispute Resolution Chamber
passed on 19 June 2020,
regarding training compensation for the player Eleoenai TOMPTE
BY:
Johan v an Gaalen (South Africa), Single Judge of the sub-committee of
the Dispute Resolution Chamber
CLAIMANT:
Livelife SA, Ghana
RESPONDENT:
RIMINI FOOTBALL CLUB S.R.L., Italy
REF TMS 5707
I. FACTS OF THE CASE
1.
According to the player’s passport issued by the Ghana Football Association (hereinafter: GFA),
the player, Eleoenai TOMPTE (hereinafter: the player), born on 18 January 1999, was registered
with Livelife SA (hereinafter: the Claimant), as follows:
Club
Livelife SA
Livelife SA
Livelife SA
Livelife SA
Registration dates
01.08.2011 - 31.07.2012
01.08.2012 - 31.07.2013
01.08.2013 - 31.07.2014
01.08.2014 - 07.02.2015
Status
Amateur
Amateur
Amateur
Amateur
Type
Permanent
Permanent
Permanent
Permanent
2.
Pursuant to the information provided by the GFA, the sporting seasons in Ghana start on 1
August and end on 31 July each year.
3.
Moreover, according to the information contained in the Transfer Matching System (hereinafter:
TMS) and according to the player player’s passport issued by the Federazione Italiana Giuoco
Calcio (hereinafter: FIGC), the player was registered with two of its affiliated clubs, as an
amateur, respectively with RIMINI FOOTBALL CLUB S.R.L. (hereinafter: the Respondent) as from
6 December 2017 until 30 June 2018 and with CALCIO AVELLINO SSDARL as from 14 September
2018 until 30 June 2019.
4.
According to the information contained in the TMS, the Respondent belonged to the category
III at the time the player was registered with the Respondent.
5.
On 7 December 2019, the Claimant lodged a first claim against the Respondent in front of FIFA
(ref. TMS 5255) claiming training compensation on the basis that the player, in March 2018,
was registered for the first time as a professional with the Respondent, i.e. before the end of
the season of his 19th birthday.
6.
Following this, the transfer of the player having not been entered in TMS, the claim has been
closed by the FIFA administration on 14 January 2020 due to the fact that the alleged registration
of the player as a professional did not occur in accordance with art. 1 par. 6 of Annexe 3 of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations).
7.
On 9 March 2020, the Claimant lodged a second claim in front of FIFA claiming the payment of
training compensation from the Respondent on the same basis as in its first claim. In particular,
the Claimant is claiming in the amount of USD 40,000 on the basis of the player’s first
registration as a professional with the Respondent in March 2018.
8.
In this context, the Claimant argued that, inter alia, the “the player had become a professional
for the first time in March 2018 when [the Respondent] transferred the player's registration on
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REF TMS 5707
a loan basis to SPAL 2013 for the 70th edition of the Viareggio Cup (…). Article 5 of the
Viareggio Cup regulations states, "teams participating in the Viareggio Cup will be able to use
all registered players both outright and on loan in the current football season". (…) in March
2018, the player was not an outright registered member of SPAL 2013, thus confirming that the
player being permitted to play for SPAL 2013 at the 70th edition of the Viareggio Cup in March
2018 was on the basis of a loan transfer of his registration from [the Respondent] (his
parent/owning club at that specific time) to SPAL 2013”.
9.
Moreover, the Claimant further sustained that the Respondent had “admitted by way of their
own official press release that the registration of the player was subject to a loan transfer from
[the Respondent] to Spal 2013 in the 2017/2018 season”, in accordance with art. 10 par. 1 RSTP.
10.
As such, in the Claimant’s opinion, “the June 2019 FIGC issued player passport (…) fails to
indicate that during the 2017/2018 season, the player was loaned by [the Respondent] to Spal
2013 and played for Spal 2013 (as a registered player) at the 70th edition of the Viareggio Cup
held in March 2018 and scored two (2) goals in two (2) matches at the tournament (…). The
same FIGC issued player passport further fails to indicate that the player's original club since the
season of his 12th birthday was [the Claimant] prior to the player joining [the Respondent] in
Italy. The aforementioned missing information on the FIGC issued player passport with respect
to the player's footballing career since the season of his 12th birthday confirms that the FIGC
issued document is inaccurate”.
11.
For its part, despite having been invited to do so, the Respondent did not reply to the claim.
12.
Finally, upon being requested by FIFA, the FIGC provided an official clarification by means of
which it stated that the player “has been registered only with our Clubs Rimini and Avellino in
the periods indicated in the sport passport. We also confirm that both Clubs, in these periods,
participated in Amateur championship”.
II. CONSIDERATIONS OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF
THE DISPUTE RESOLUTION CHAMBER
1.
First of all, the Single Judge of the sub-committee of the Dispute Resolution Chamber
(hereinafter: the Single Judge) analysed whether he was competent to deal with the case at
hand. In this respect, he took note that the present matter was submitted to FIFA on 9 March
2020 and the decision passed on 19 June 2020. Taking into account the wording of art. 21 of
the June 2020 edition of the Rules Governing the Procedures of the Players’ Status Committee
and the Dispute Resolution Chamber (hereinafter: the Procedural Rules), the 2019 edition of the
Procedural Rules is applicable to the matter at hand (cf. article 21 of the Procedural Rules).
2.
Subsequently, the Single Judge referred to art. 3 of the Procedural Rules, which states that the
Dispute Resolution Chamber shall examine its jurisdiction in light of arts. 22 to 24 of the
Regulations (June 2020 edition). In accordance with art. 3 of Annexe 6 in conjunction with art.
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REF TMS 5707
24 par. 3 and art. 22 lit. d) of the Regulations, the Single Judge is competent to decide on the
present dispute relating to training compensation between clubs belonging to different
associations handled through TMS.
3.
Furthermore, and taking into consideration that the player was registered with the Respondent
on 6 December 2017, the Single Judge analysed which regulations should be applicable as to
the substance of the matter. In this respect, he confirmed that, in accordance with art. 26 par.
1 and 2 of the Regulations, the March 2020 edition of the Regulations is applicable to the matter
at hand as to the substance.
4.
The competence of the Single Judge and the applicable regulations having been established, the
Single Judge entered into the substance of the matter. The Single Judge started by
acknowledging the above-mentioned facts of the case as well as the documentation on file.
However, the Single Judge emphasized that in the following considerations he will refer only to
the facts, arguments and documentary evidence which he considered pertinent for the
assessment of the matter at hand. In particular, the Single Judge recalled that, in accordance
with art. 6 par. 3 of Annexe 3 of the Regulations, FIFA may use, within the scope of proceedings
pertaining to the application of the Regulations, any documentation or evidence generated or
contained in the TMS.
5.
First of all, the Single Judge recalled that, in accordance with the player’s passport issued by the
GFA, the player, born on 18 January 1999, was registered as an amateur with the Claimant on
a permanent basis as from 1 August 2011 until 7 February 2015. Thereafter, in December 2017,
the player was registered as an amateur with the Respondent on a permanent basis, the
registration having occurred on 6 December 2017. In addition, in accordance with the the
information available in TMS, with the player’s passport as provided by the FIGC and with the
official confirmation of the FIGC, the Single Judge observed that the player was registered with
the Respondent, as an amateur, until 30 June 2018 and, subsequently, with the Italian club
CALCIO AVELLINO SSDARL as from 14 September 2018 until 30 June 2019, still as an amateur.
6.
In continuation, the Single Judge took note that the Claimant asserted that it was entitled to
receive training compensation from the Respondent in the amount of USD 40,000 in view of
the first registration as a professional with the Respondent occurred in March 2018.
7.
In this respect, the Single Judge noted that the Claimant had lodged a first claim in front of FIFA
on 7 December 2019 which had been closed by the FIFA administration in January 2020 on
account of the fact that the alleged registration of the player as a professional did not occur in
accordance with art. 1 par. 6 of Annexe 3 of the Regulations.
8.
As such, the Single Judge recalled that the present matter was the consequence of the second
claim lodged by the Claimant against the Respondent in front of FIFA on 9 March 2020 whereby
the Claimant sustained that, inter alia, the player took part to the 70th edition of the Viareggio
Cup with the Italian club SPAL 1913 (hereinafter: Spal) in March 2018 on “the basis of a loan
transfer of his registration from [the Respondent]” which confirmed that “the player had become
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REF TMS 5707
a professional for the first time in March 2018 when [the Respondent] transferred the player's
registration on a loan basis to SPAL 2013” to participate to the aforementioned tournament.
9.
In addition, the Single Judge observed that, in support of its arguments, the Claimant submitted
various documents such as, inter alia, press releases referring to the alleged loan of the player
from the Respondent to Spal and to the alleged participation of the player to the aforementioned
tournament, email correspondence that occurred between the Claimant and the Respondent by
means of which the Respondent allegedly requested the Claimant to renounce to its entitlement
to training compensation with respect to the player, and, other evidence suggesting in the
Claimant’s opinion that the player had been registered as a professional in March 2018 with the
Respondent.
10.
Furthermore, the Single judge noted that the Respondent had been given the opportunity to
reply to the claim submitted by the Claimant, but that the Respondent had failed to present its
response in this respect. In this way, so the Single judge deemed, the Respondent renounced to
its right of defence and, thus, accepted the allegations of the Claimant.
11.
As a consequence of the preceding consideration, the Single judge established that in
accordance with art. 9 par. 3 of the Procedural Rules he shall take a decision upon the basis of
the documents on file.
12.
In this context, the Single Judge highlighted that the main issue in the present matter is whether
to determine if the player was effectively registered for the first time as a professional with the
Respondent in March 2018, as sustained by the Claimant.
13.
In consideration of the above-mentioned issue, the Single Judge, and hereby referring to the
rules applicable to training compensation, started by stating that, as established in art. 20 of the
Regulations as well as in art. 1 par. 1 of Annexe 4 in combination with art. 2 of Annexe 4 of the
Regulations, training compensation is payable, as a general rule, for training incurred between
the ages of 12 and 21 when a player is registered for the first time as a professional before the
end of the season of the player’s 23rd birthday or when a professional is transferred between
clubs of two different associations before the end of the season of the player’s 23rd birthday. In
case the latter occurs, art. 3 par. 1 sent. 3 of Annexe 4 of the Regulations sets forth that training
compensation will only be owed to the player’s former club for the time he was effectively
trained by that club.
14.
Furthermore, according to art. 1 par. 6 of Annexe 3 of the Regulations, every international
transfer within the scope of eleven-a-side football must be entered in TMS. If the player will be
registered as an amateur by the new association, the transfer instruction shall be entered in TMS
by the club(s) holding a TMS account, or, in the case of a club not holding a TMS account, by
the association concerned.
15.
In other words, the Single Judge emphasised that the nature of the player’s first registration as
a professional with the Respondent, i.e. not as an amateur, has not been reflected in the present
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REF TMS 5707
matter, neither by an international transfer of the player with a registration with the Respondent
in TMS, nor by the international player’s passport as provided by the FIGC. In the contrary, the
Single Judge took note that the FIGC provided an official clarification by means of which it stated
that the player “has been registered only with our Clubs Rimini and Avellino in the periods
indicated in the sport passport. We also confirm that both Clubs, in these periods, participated
in Amateur championship”.
16.
As such, and as detailed in its position in point II/8. and II/9., despite having supported its claim
with various documents, the Single Judge deemed that the provided evidence by the Claimant
according to which the player had allegedly been registered as a professional with the
Respondent in March 2018, was not conclusive.
17.
Following the above, the Single Judge pointed out that referring to art. 12 par. 3 of the
Procedural Rules, in accordance with which any party claiming a right on the basis of an alleged
fact shall carry the burden of proof, the Single Judge took into account that the Claimant failed
to present documentary evidence in support of its allegation that the player was effectively
registered for the first time as a professional with the Respondent in March 2018. Consequently,
the Single Judge decided that the Claimant’s allegations in this regard cannot be accepted.
18.
In the light of all of the above, and in particular bearing in mind the fact that the Claimant failed
to provide conclusive evidence as to the player’s first registration as a professional with the
Respondent before the end of the season of his 19th birthday, supposedly in March 2018, the
Single Judge decided that it must reject the claim put forward by the Claimant.
19.
In continuation, the Single Judge referred to art. 25 par. 2 of the Regulations in combination
with art. 18 par. 1 of the Procedural Rules, according to which in the proceedings before the
Dispute Resolution Chamber relating to disputes regarding training compensation, costs in the
maximum amount of CHF 5,000 are levied. The costs are to be borne in consideration of the
parties’ degree of success in the proceedings.
20.
However, in this respect, the Single Judge referred to art. 18 par. 1. ii. of the Procedural Rules
according to which, for any claim lodged prior to 10 June 2020 which has yet to be decided,
the maximum amount of the procedural costs shall be equivalent to any advance of costs paid.
Thus, considering that no advance of costs was paid in this matter, no procedural costs can be
awarded.
21.
On account of all the above, the Single Judge concluded his deliberations by deeming that the
claim of the Claimant should be rejected.
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REF TMS 5707
III. DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Livelife SA, is rejected.
For the Single Judge of the sub-committee of the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 58 par. 1 of the FIFA Statutes, this decision may be appealed against before the
Court of Arbitration for Sport (CAS) within 21 days of the notification of this decision.
NOTE RELATED TO THE 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:
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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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