Training Compensation
Texto da decisão
TMS 11738
Decision of the
Dispute Resolution Chamber
passed on 14 December 2022
regarding training compensation in relation with the registration of the
player Michele ŠEGO
BY:
Frans de Weger (the Netherlands), Chairperson of the Dispute Resolution
Chamber of the Football Tribunal
CLAIMANT:
NK BRAVO, Slovenia
RESPONDENT:
NK VARAZDIN, Croatia
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TMS 11738
I. FACTS OF THE CASE
Player:
Michele ŠEGO
Date of birth:
5 August 2000
Player passport:
issued by the Slovenian Football Association (NZS)
Year
2020
2021
Birthday Club(s)
20th
NK Bravo
21st
NK Bravo
Registration dates
11/08/20 – 31/12/20
01/01/21 – 01/02/21
Status
Professional (on loan from
HNK Hajduk)
Professional (on loan from
HNK Hajduk)
Date of transfer:
14 July 2022, from HNK Hajduk (Croatia) to NK Varazdin (Croatia) as a
professional (against payment)
Claimant club:
NK Bravo (Slovenia)
UEFA, category III (EUR 30,000 per year)
Respondent club:
NK Varazdin (Croatia)
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1.
On 10 November 2022, the Claimant requested EUR 14,383.56 as training compensation
plus 5% interest as from the due date until payment. The Claimant is basing its claim on
the jurisprudence developed by the DRC according to which a club which had the player
on loan from its parent club is in principle entitled to claim training compensation from
the player’s next club should the player be registered permanently as a professional.
2.
The Respondent did not reply to the claim.
3.
On 7 December 2022, the Croatian Football Federation (HNS) confirmed that the player
had been permanently transferred from HNK Hadjuk to the Respondent on 14 July 2022,
both clubs being affiliated to the HNS.
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TMS 11738
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):
October 2022 edition
Jurisdiction:
Yes, uncontested
Admissibility:
Yes, uncontested
Decision:
1.
The claim of the Claimant is based on the subsequent registration of the player as a
professional with the Respondent after the end of his professional registration with his
former club, HNK Hadjuk.
2.
The Respondent did not reply to the claim, thus the allegations of the Claimant remained
uncontested.
3.
It is uncontested that the player was registered with the Claimant as a professional as
from 11 August 2020 until 1 February 2021, that is to say during years of his 20th and 21st
birthdays, on loan from HNK Hadjuk.
4.
It is also undisputed that the player subsequently and definitely transferred from HNK
Hadjuk, where he was registered as a professional, to the Respondent. The player
registered with the latter as a professional on 14 July 2022, i.e. during the course of the
season year of the player’s 22nd birthday.
5.
It is unchallenged that HNK Hadjuk and the Respondent are both affiliated to the same
member association, that is to say the HNS.
6.
Art. 2 par. 1 of Annexe 4 RSTP stipulates that training compensation is due (1) when a
player is registered for the first time as a professional before the end of the calendar
year of his 23rd birthday (cf. art. 2 par. 1 lit. i) of Annexe 4 RSTP) or (2) when a
professional is transferred between clubs of two different associations (whether
during or at the end of his contract) before the end of the calendar year of his 23rd
birthday( cf. art. 2 par. 1 lit. ii) of Annexe 4 RSTP).
7.
Training compensation can only become due upon the fulfilment of one or the other
prerequisites foreseen by art. 2 par. 1 of Annexe 4 RSTP.
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TMS 11738
8.
As indicated above, the player was already a professional with HNK Hadjuk, the club
from where he transferred to the Respondent.
9.
As such, the registration of the player as a professional with the Respondent does not
fall under art. 2 par. 1 lit. i) of Annexe 4 RSTP. In fact, the registration of the Respondent
did not constitute his first professional registration before the end of the year of his 23rd
birthday.
10.
Equally, as mentioned supra, the player transferred between two clubs affiliated to the
same association.
11.
Therefore, the registration of the player as a professional with the Respondent does not
fall under art. 2 par. 1 lit. ii) of Annexe 4 RSTP. The subsequent registration of the player
as a professional with the Respondent did not occur between two clubs affiliated to
different associations.
12.
Based on all the above, training compensation as foreseen by the RSTP is not due.
13.
The claim of the Claimant is rejected.
14.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of training rewards.
15.
The Claimant claimed the amount of EUR 14,383.56.
16.
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 to USD 5,000 (cf. art.
2 of Annexe 1 to the Procedural Rules.
17.
According to art. 25 par. 5 of the Procedural Rules, the chamber will decide the amount
that each party is due to pay, in consideration of the parties’ degree of success and 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.
18.
In view the specific circumstances of the case, procedural costs shall be set at USD 1,000.
19.
In view of the outcome of the claim, said costs shall be borne by the Claimant.
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TMS 11738
III. DECISION
1.
The claim of the Claimant, NK Bravo, is rejected.
2.
The final costs of the proceedings in the amount of USD 1,000 are to be paid by the
Claimant to FIFA with reference to case no. TMS 11738 (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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TMS 11738
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 17 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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