Training Compensation
Texto da decisão
REF TMS 6378
Decision of the
Single Judge of the sub-committee of
the Dispute Resolution Chamber
passed on 2 March 2021
regarding training compensation related to the registration of the player Anel Topuzovic
with FK Sloboda Tuzla
BY:
Omar Ongaro (Italy), Single Judge of the sub-committee of the Dispute
Resolution Chamber
CLAIMANT:
NK Hrvatski dragovoljac Zagreb, Croatia
RESPONDENT:
FK Sloboda Tuzla, Bosnia and Herzegovina
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REF TMS 6378
I. FACTS OF THE CASE
Player:
Anel Topuzovic
Date of birth:
12 January 1997
Player passport:
issued by the Croatian Football Federation (“HNS”) on 18 March 2020
Club(s )
FC GOSKDubrovnik
1919,
Dubrovnik
FC Tmje,
Zagreb
FC Sesvete,
Sesvete
FC Hrvatski
Dragovoljac,
Zagreb
FC
Lokomotiva,
Zagreb
FC Lucko
Date from
16.10.2019
Date to
S tatus
Amateur
Reg. ty pe
Permanent
Additional inform ation
n/a
28.08.2019
10.10.2019
Amateur
Permanent
n/a
08.08.2018
07.01.2019
Amateur
Permanent
23.08.2017
20.06.2018
Amateur
Permanent
Transfer from NK Sesvete to
FK Sloboda Tuzla
n/a
18.01.2017
19.01.2017
Professional
Permanent
Transfer from NK
Lokomotiva to FC Koper
17.08.2016
17.01.2017
Professional
Permanent
FC
Lokomotiva,
Zagreb
FC GOŠK,
Dubrovnik
FC ŠN Božo
Broketa,
Dubrovnik
FC GOŠK,
Dubrovnik
06.08.2014
11.08.2016
Professional
Permanent
The player was released on
loan from NK Lokomotiva,
Zagreb.
n/a
14.09.2011
16.07.2014
Amateur
Permanent
n/a
24.08.2011
08.09.2011
Amateur
Permanent
n/a
22.11.2006
19.08.2011
Amateur
Permanent
n/a
Sporting season:
official confirmation issued by the HNS on 14 July 2016
Until 1 July 2005
After 1 July 2005
Date of transfer:
From 1 August until 30 July of the following year
From 1 July until 30 June of the following year
18 February 2019
From NK Sesvete (Croatia) to FK Sloboda Tuzla (Bosnia and Herzegovina)
According to the information contained in the TMS, on 15 February 2019, at 21.21 local time in Bosnia
and Herzegovina, the Football Association of Bosnia and Herzegovina (FFBH) requested the HNS to
deliver the international transfer certificate (ITC) for the player. On the same day, at 23.18 local time
in Croatia, the HNS delivered the ITC for the player. Subsequently, the FFBH registered the player with
the Respondent in the International Transfer Matching System (ITMS). The FFBH entered the
registration date in the TMS and confirmed receipt of the ITC on 18 February 2019, at 07.47 local time
in Bosnia and Herzegovina.
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REF TMS 6378
Claimant club:
NK Hrvatski dragovoljac Zagreb (Croatia)
Respondent club:
FK Sloboda Tuzla (Bosnia and Herzegovina)
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1.
On 14 July 2020, the Claimant lodged a claim in front of FIFA requesting to be awarded training
compensation from the Respondent on the basis of the reacquisition of the professional status
of the player upon registering with the latter in February 2019. In particular, the Claimant
claimed the payment of EUR 24,822 as training compensation from the Respondent, plus 5%
per annum interest as from the due date.
2.
On 31 July 2020, the FIFA administration submitted a proposal to the parties suggesting that
the Respondent should pay to the Claimant the sum of EUR 24,821.92 as training compensation,
plus 5% interest p.a. as of the due date.
3.
The Respondent rejected the proposal submitted to the parties, alleging that its club did not
register the player due to the fact that it “did not obtain a residence permit for the player in
question”. The Respondent further maintained that “in accordance with the Rulebook on
registration of status and transfer of players the Football Association of Bosnia and Herzegovina
could not even be registered”.
4.
In this context, the Respondent held that the player’s documentation “was returned to the club
without registration”.
5.
As to the transfer of the player to the Respondent the Croatian Football Federation (HNS) and
the Football Association of Bosnia and Herzegovina (FFBH), provided the following statements
to FIFA:
6.
HNS: “[the FFBH] on 15.02.2019 requested the ITC from our Federation, our Federation on
15.02.2019 issued the requested ITC and on 18.02.2019 [the FFBH] confirmed that the player
was registered with [the Respondent] on 18.02.2019, by which confirmation the status of the
aforementioned transfer instruction changed to “Closed”.
7.
FFBH: “it is true that we received the [ITC] on February 15, 2019, but as can be seen from the
also attached document of the Tuzla FA, the player is not registered [with the Respondent] due
to failure to submit a residence and work permit for the player”.
8.
The FFBH further provided a document entitled “Request for cancellation”, allegedly sent to the
HNS on 19 October 2020 in which inter alia the following is indicated: “[Through] the present
we kindly request you to cancel the transfer instruction #229517, player Anel Topuzovic from
NK Sesvete to FK Sloboda Tuzla. This cancellation request is due [to] the fact that the player was
never registered for FK Sloboda Tuzla”.
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REF TMS 6378
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): June 2018 edition.
Rules Governing the Procedures of the Player’s Status Committee and the
Dispute Resolution Chamber (Procedural Rules): 2021 edition.
Jurisdiction:
Yes, uncontested.
Admissible:
Yes, uncontested.
Decision:
9.
The Claimant is requesting the payment of training compensation on the basis of the
reacquisition of the professional status of the player with the Respondent.
10.
The Respondent rejected the claim arguing that the player was never registered with it.
11.
In order for a transfer to occur on the TMS, a duly signed employment contract between the
player and the ‘new club’, in casu the Respondent, needs to be uploaded therein in the first
place.
12.
In this particular case, a professional employment contract concluded between the player and
the Respondent was uploaded in the TMS.
13.
Moreover, it is to be highlighted that a transfer does not occur automatically in the TMS. On the
contrary, the receiving association, i.e. the FFBH in the case at stake, had to manually confirm
the ITC receipt from the former association (cf. art. 5.2.2. of Annexe 3 of the RSTP), in casu the
HNS, and enter the registration date (cf. art. 5.2.4 of Annexe 3 of the RSTP). In this context, a
transfer goes into the status “closed” in TMS once the new association has entered the
registration date and confirmed the ITC receipt.
14.
Considering the foregoing and the information contained in the TMS, the transfer of the player
was concluded in the system on 18 February 2019, i.e. when the FFBH entered all the necessary
requirements in the system.
15.
Lastly, the FFBH’s “Request for cancellation” only occurred on 19 October 2020, i.e. after the
Claimant had lodged a claim against the Respondent and 1.5 years after the player’s transfer
occurred.
16.
In view of all the above, the transfer of the player was completed in the TMS and, therefore, the
player’s transfer from Sesvete to the Respondent has to be considered as validly concluded
between the parties.
17.
Hence, the player was registered as a professional with the Respondent on 18 February 2019.
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REF TMS 6378
18.
It is undisputed that the player was registered with the Claimant as indicated in the player
passport issued by the HNS, i.e. between 23 August 2017 and 20 June 2018, i.e. for a total of
302 days in the season of his 20th birthday.
19.
Therefore, training compensation is due to the Claimant in accordance with art. 3 par. 2 of the
RSTP.
20.
In this context, in accordance with art. 5 par. 1 and par. 2 of Annexe 4 of the RSTP, the training
compensation shall be calculated considering the costs that would have been incurred by the
new club if it had trained the player itself.
21.
The training costs for players for the seasons between their 16th and 21st birthdays are based on
the training and education costs of the new club at the moment of the player’s registration with
it, in casu category III within UEFA.
22.
In this regard, the training costs for category III clubs within UEFA are set at EUR 30,000 per year.
23.
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.
24.
As a result, the Claimant is entitled to receive the sum of EUR 24,821.92, i.e. EUR 30,000 per
year x (302 / 365 days), as training compensation from the Respondent.
25.
As to the interests, taking into account the request of the Claimant, as well as the jurisprudence
of the DRC, the Claimant is entitled to receive an interest of 5% p.a. over the amount payable
as training compensation as of the 31st day of the registration of the player with the Respondent
on a definitive basis, i.e. as of 21 March 2019, until the date of effective payment.
26.
Consequently, the claim of the Claimant is partially accepted.
27.
No procedural costs are levied (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
28.
Article 24 bis RSTP is applicable.
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REF TMS 6378
DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, NK Hrvatski dragovoljac Zagreb, is partially accepted.
2.
The Respondent, FK Sloboda Tuzla, shall pay to the Claimant:
-
EUR 24,821.92 as training compensation, plus 5% interest per annum on that amount as
from 21 March 2019, until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount (including all applicable interest).
5.
The Respondent shall provide evidence of full payment to [email protected]. If applicable,
the evidence shall be translated into an official FIFA language (English, French, German, Spanish).
6.
If the due amount (including all applicable interest) is not paid by the Respondent within 45 days
as from notification of the bank account details, 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 and for the maximum duration of three
entire and consecutive registration periods.
2. The ban will be lifted immediately, and prior to its complete serving, following confirmation
that the due amount (including all applicable interest) has been received by the Claimant.
3. In the event that the payable amount as per in this decision is still not paid by the end of
the ban of three entire and consecutive registration periods, the present matter shall be
submitted, upon request, to the FIFA Disciplinary Committee.
7.
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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REF TMS 6378
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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