Training Compensation
Texto da decisão
TMS 7161
Decision of the
Dispute Resolution Chamber
passed on 25 February 2021,
regarding training compensation in relation with the registration of the player Abdoul
Said Razack YODA with TSV Hartberg (Austria)
COMPOSITION:
Geoff Thompson (England), Chairman;
Joseph-Antoine Bell (Cameroon), member;
Stefano Sartori (Italy), member
CLAIMANT:
SALITAS, Burkina Faso
RESPONDENT:
TSV HARTBERG, Austria
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TMS 7161
I. FACTS OF THE CASE
Player:
Abdoul Said Razack YODA
Date of birth:
20 December 2000
Player passport:
issued by the Fédération Burkinabé de Football (FBF) on 25 September 2020
Season
15/16
16/17
17/18
18/19
Birthday
15th
16th
17th
18th
Sporting season
of the FBF:
Date of transfer:
Club(s)
SALITAS
SALITAS
RCK
USFA
Registration dates
21.11.15 – 23.07.16
27.11.16 - 14.05.17
20.10.17 – 10.06.18
31.08.18 – 18.05.19
Status
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
(1) for seasons 2014/2015 until 2017/2018: as from 25 October until 5 August
(2) season 2018/2019: as from 31 August to 31 May
9 September 2020, from USFA (Burkina Faso) to TSV Hartberg (Austria) as a
professional (free agent)
The player signed a professional contract with TSV Hartberg valid for two
seasons, as from 7 September 2020 until 31 May 2022, which foresaw a basic
monthly salary of EUR 2,685 per month, as well as an accommodation at TSV
Hartberg’s expenses
Claimant club:
SALITAS (Burkina Faso)
Respondent club:
TSV Hartberg (Austria)
UEFA, category IV (EUR 10,000 per year)
Claim and Response:
1.
On 11 November 2020, the Claimant requested EUR 70,000 as training compensation for the
first registration of the player as a professional with the Respondent, along with 5% interest p.a.
as from 1 October 2020.
2.
In its claim, the Claimant referred to social media posts allegedly posted by the Respondent
according to which the player had signed a professional contract with the Respondent.
3.
As such, the Claimant argued that the registration of the player with the Respondent triggered
the payment of training compensation for the first registration of the player as a professional.
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TMS 7161
4.
The Claimant asserted that the Respondent was an UEFA training category II club, “based on
FIFA Circular 1726 dated 30 July 2020”, and a club allegedly currently competing in the Austrian
first division.
5.
The Claimant calculated the amount claimed by taking into consideration the yearly amount
foreseen for training category IV clubs in UEFA, i.e. EUR 10,000, for the season of his 15 th
birthday and the yearly amount foreseen for training category II clubs in UEFA, i.e. EUR 60,000,
for the season of his 16th birthday, which it multiplied pro rata with the days the player was
registered with it.
6.
The Respondent did not reply to the claim.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): June 2020 edition
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (Procedural Rules): January 2021 edition
Jurisdiction:
Yes, uncontested
Admissibility:
Yes, uncontested
Decision:
1.
The claim of the Claimant is based on the first registration of the player as a professional with
the Respondent.
2.
The Respondent did not reply to the claim, thus the allegations of the Claimant remained
uncontested and the decision shall be taken on the basis of the documentation on file (cf. art.
12 par. 3 of the Procedural Rules).
3.
In accordance with art. 3 par. 1 of Annexe 4 RSTP the player’s career history is established
through the information included in the player passport of the latter.
4.
In accordance with the information included in the player passport issued by the FBF on 25
September 2020 that the player was:
a. Permanently registered as an amateur with the Claimant as from 21 November 2015
until 23 July 2016 and as from 27 November 2016 until 14 May 2017;
b. Permanently registered as an amateur with RCK as from 20 October 2017 until 10 June
2018; and
c. Permanently registered as an amateur with USFA as from 31 August 2018 until 18 May
2019.
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5.
In view of the above it can be concluded that the player was continuously registered as an
amateur in Burkina Faso.
6.
The FBF football seasons 2015/2016 and 2016/2017 started on 25 October and ended on 5
August, and, as such, it did not last for 12 months.
7.
Training compensation is in general calculated either (1) 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 in the context of a first registration as a professional; or (2) based on the training costs of
the new club multiplied by the number of years of training with the former club in the context
of the subsequent registration of the professional player (cf. art. 5 par. 2 of Annexe 4 RSTP).
8.
As a general rule, for the purpose of training compensation, the entire 12-month period of the
year is taken into account. As a result, in the context of the present dispute, the football seasons
in Burkina Faso is extended to a 12-month format, starting on 1 October and ending on 30
September.
9.
Taking into account the above, it is established that the player was registered with the Claimant
as follows:
a. During 245 days of the season of his 15th birthday, i.e. from 21 November 2015 until
23 July 2016; and
b. During 168 days of the season of his 16th birthday, i.e. from 27 November 2016 until
14 May 2017.
7.
In accordance with art. 2 par. 2 RSTP as well as the jurisprudence of the Dispute Resolution
Chamber (DRC), a player is considered a professional if (1) he has signed a written contract with
a club and (2) is receiving a retribution (financial and/or in kind) for his footballing activity which
is greater than the expenses he effectively incurs.
8.
It is uncontested that the player signed a written contract with the Respondent on 9 September
2020.
9.
Thus, the written contract criteria of art. 2 par. 2 RSTP is met.
10.
It is uncontested that said contract was valid for two seasons in accordance with which he was
entitled to receive a monthly salary of EUR 2,685 as well as an accommodation free of charge.
11.
As such, it is determined that the player was remunerated for his football activities and that such
remuneration was higher than any expenses he incurred in relation to the practice of his
activities.
12.
Therefore, the remuneration prerequisite of art. 2 par. 2 RSTP is met.
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TMS 7161
10.
Based on the above, it is established that the player was registered as a professional with the
Respondent on 9 September 2020, i.e. during the course of the season of his 20th birthday.
11.
Since the player was registered as an amateur in Burkina Faso and upon transferring from USFA
he registered with the Respondent, it can be concluded that his registration with the latter
constituted his first registration as professional.
12.
In accordance with art. 3 par. 1 of Annexe 4 RSTP, for the first registration of a player as a
professional, the club with which the player is registered is responsible for paying training
compensation within 30 days of registration to every club with which the player has previously
been registered and that has contributed to his training starting from the season of his 12th
birthday.
13.
However, as per art. 2 par. 2 lit. ii) of Annexe 4 RSTP, no training compensation is due to the
former club of the player when said player was subsequently registered with a category IV club.
14.
The Respondent was classified as a training category IV club upon registering the player as a
professional. and therefore, in principle, no training compensation would be due to the
Claimant.
15.
The Claimant contested the aforementioned categorization of the Respondent arguing that the
latter was to be considered a training category II club.
16.
According to art. 5 par. 4 of Annexe 4 of the Regulations, the DRC “may review disputes
concerning the amount of training compensation payable and shall have discretion to adjust the
amount if it is clearly disproportionate to the case under review.”
17.
FIFA Circular 1249 of 6 December 2010 stipulated that in principle, clubs shall be categorized
by their respective member associations according to the following principles:
a. Category I (top-level, high-quality training centre): All first-division clubs of member
associations investing, on average, a similar amount in training players;
b. Category II (still professional, but at a lower level): All second-division clubs of member
associations in category I and all first-division clubs in all other countries with
professional football;
c. Category III: All third-division clubs of member associations in category I and all seconddivision clubs in all other countries with professional football;
d. Category IV: All fourth- and lower-division clubs of the member associations in category
I, all third- and lower-division clubs in all other countries with professional football and
all clubs in countries with only amateur football.
18.
What is more, in accordance with FIFA Circular 1249 “in such a case of manifest discrepancy,
the DRC normally applies the training categories in accordance with the guidelines, despite the
fact that the member association concerned had indicated a different categorisation”.
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19.
According to FIFA Circular 1726 of 30 July 2020, the Österreichischer Fußball-Bund (OFB) may
classify its clubs between the following three training categories, i.e.:
a. Category II, with training costs of EUR 60,000 per year;
b. Category III, with training costs of EUR 30,000 per year; and
c. Category IV, with training costs of UEUR 10,000 per year.
20.
Following the classification of clubs as per FIFA Circular 1249 of 6 December 2010, Austrian
clubs shall in principle be categorized as follows:
a. Category II for all first-division clubs;
b. Category III for all second-division clubs;
c. Category IV for all third- and lower-division clubs.
21.
In countries where there is more than one category available, i.e. more than category IV, category
IV is in principle reserved for amateur clubs.
22.
The Respondent was classified as category IV by the OFB at the time of the player’s first
professional registration.
23.
However, the player was recruited as a professional player by the Respondent, having signed a
two-year contract.
24.
In view of the above, the category of the Respondent in the TMS, i.e. category IV, cannot not
be taken into consideration by the DRC.
25.
According to art. 12 par. 4 of the Procedural Rules, the PSC and the DRC may also consider
evidence not presented by the parties.
26.
It has been established in previous DRC decisions that the Respondent had competed for 7 of
the last 9 seasons in the Austrian second division, and that as such it shall be considered a
training category III club for the purpose of training compensation.
27.
The Claimant did not submit any evidence regarding its request of classifying the Respondent
under training category II UEFA besides stating that the Respondent was an Austrian first division
club at the time of its claim and that it had signed a professional contract with the player.
28.
As such, there is no evidence on file that would permit to deviate from the DRC’s above
categorization.
29.
In view of all the above, it is determined that the Respondent shall be considered a training
category III club, as per FIFA Circular 1249 of 6 December 2010 and FIFA Circular 1726 of 30
July 2020 in combination with art. 5 par. 4 of Annexe 4 RSTP.
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30.
Consequently, training compensation is due to the Claimant on the basis of the first professional
registration of the player with the Respondent.
31.
Art. 3 par. 1 of Annexe 4 RSTP stipulates that for a first registration of a professional player, the
club with which the player is registered is responsible for paying training compensation within
30 days of registration to every club with which the player has previously been registered and
that has contributed to his training starting from the season of his 12th birthday.
32.
As established above, the player was registered with the Claimant during:
a. 245 days of the season of his 15th birthday, i.e. from 21 November 2015 until 23 July
2016; and
b. 168 days of the season of his 16th birthday, i.e. from 27 November 2016 until 14 May
2017.
33.
In accordance with art. 5 par. 2 of Annexe 4 RSTP, in the case of a first professional registration,
the training compensation payable is calculated by taking the training costs of the new club
multiplied by the number of years of training, in principle from the season of the player’s 12 th
birthday to the season of his 21st birthday
34.
As established under point. II. 29, the Respondent is considered to be a training category III club.
Training costs for category III clubs within UEFA are set at EUR 30,000 per year.
35.
As per art. 5 par. 3 of Annexe 4 RSTP, to ensure that training compensation for very young
players is not set at unreasonably high levels, the training costs for players for the seasons
between their 12th and 15th birthdays (i.e. four seasons) shall be based on the training and
education costs of category 4 clubs.
36.
Training costs for category IV clubs within UEFA are set at EUR 10,000 per year.
37.
Art. 3 par. 1 of Annexe 4 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.
38.
Consequently, on the basis of the first registration of the player as a professional with the
Respondent, the Claimant is entitled to receive training compensation in the amount of EUR
20,520.55, corresponding to:
a. EUR 6,712.33 for the 245 days of registration of the player with the Claimant during
the season of his 15th birthday;
b. EUR 13,808.22 for the 168 days of registration of the player with the Claimant during
the season of his 16th birthday.
39.
Furthermore, the Claimant requested to be awarded interest amounting to 5% per annum, “as
per the due date”.
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40.
Taking into consideration the Claimant’s claim as well as art. 3 par. 2 of Annexe 4 RSTP, the
Respondent has to pay, in conformity with the longstanding practice of the DRC, interest of 5%
p.a. over the amount payable as training compensation as of 31 days after the registration of
the player with it, i.e. as from 10 October 2020 until the date of effective payment.
41.
In view of all the above, the claim of the Claimant is partially accepted and the Claimant is
entitled to receive EUR 20,520.55 as training compensation, plus 5% interest p.a. on that
amount, as from 10 October 2020 until the date of effective payment.
42.
Any further claim of the Claimant is rejected.
43.
No procedural costs are payable (cf. arts. 17 par. 1 and 18 par. 1 lit. i) of the Rules Governing
the Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
44.
The relevant provisions of art. 24bis RSTP are applicable to the present matter.
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III. DECISION
1.
The claim of the Claimant, SALITAS, is partially accepted.
2.
The Respondent, TSV Hartberg, shall pay to the Claimant EUR 20,520.55 as training
compensation, plus 5% interest per annum on that amount as from 10 October 2020, until the
date of effective payment.
3.
Any further claim of the Claimant is 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 DRC:
Emilio García Silvero
Chief Legal & Compliance Officer
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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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