F.I.F.A. – Camera di Risoluzione delle Controversie (2013-2014) – indennità di formazione – ———- F.I.F.A. – Dispute Resolution Chamber (2013-2014) – training compensation – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 30 August 2013, in the following composition: on the claim presented by the club, Club M, from country S as Claimant against the club, Club R, from country Z as Respondent regarding training compensation for the player F

F.I.F.A. - Camera di Risoluzione delle Controversie (2013-2014) - indennità di formazione – ---------- F.I.F.A. - Dispute Resolution Chamber (2013-2014) - training compensation – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 30 August 2013, in the following composition: on the claim presented by the club, Club M, from country S as Claimant against the club, Club R, from country Z as Respondent regarding training compensation for the player F I. Facts of the case 1. The Football Federation of country S confirmed that the player F, born on xxxxxxxx, was registered with its affiliated club M (hereinafter: Claimant) as from 17 October 2006 until 30 June 2007 as an amateur. Equally, the player was registered as an amateur with the club V from country S as from 1 October 2007 to 30 June 2012. 2. The football season in country S last from 1 July to 30 June of the following year. 3. On 31 August 2012, the player was registered with the club R from country Z (hereinafter: Respondent) as a professional player. 4. According to the information contained in the Transfer Matching System (TMS), at the time the player was registered with the Respondent, said club belonged to the category IV (indicative amount of EUR 10,000 per year). 5. On 20 March 2013, the Claimant contacted FIFA asking for its proportion of training compensation from the Respondent. In particular, the Claimant is requesting EUR 7,083 plus 5% interest as of the moment the amount fell due and the “proceeding costs”. In this respect, the Claimant insisted that the Respondent is a club belonging to the category III (indicative amount of EUR 30,000 per year) referring to FIFA circular 1299 which establishes that in country Z the clubs are to be allocated in either category III or IV. The Claimant pointed out that the Respondent is participating on the highest level in country Z and even won the title in the 2011/2012 season. Therefore, the Respondent cannot be allocated in category IV. 6. In spite of having been invited by FIFA to provide it with its position regarding the claim, the Respondent did not respond to the claim. 7. Upon request of FIFA, the Football Association of country Z (ZFA) clarified that, between the seasons 2008/2009 and 2012/2013, the Respondent played continuously in the first division of country Z and that, during this time, it was constantly a club belonging to the 4th category. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as the DRC or the Chamber) analysed whether it was competent to deal with the case at hand. In this respect, it took note that the present matter was submitted to FIFA on 20 March 2013. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber, edition 2012 (hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 par. 2 and 3 of the Procedural Rules). 2. Subsequently, the Chamber referred to art. 3 par. 1 of the Procedural Rules and confirmed that, in accordance with art. 24 par. 1 in combination with art. 22 lit. d) of the Regulations on the Status and Transfer of Players (edition 2012), the Dispute Resolution Chamber is competent to decide on the present litigation concerning training compensation between clubs belonging to different associations. 3. Furthermore, the DRC analysed which regulations should be applicable as to the substance of the matter. In this respect, it confirmed that in accordance with art. 26 par. 1 and par. 2 of the Regulations on the Status and Transfer of Players (editions 2010 and 2012), and considering that the player was registered with the Respondent on 31 August 2012, the 2010 edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the substance. 4. Its competence and the applicable regulations having been established, the DRC entered into the substance of the matter. The Chamber started by acknowledging the above-mentioned facts of the case as well as the documentation on file. 5. First of all, the DRC recalled that the player was born on 3 May 1993 and was registered with the Claimant as from 17 October 2006 until 30 June 2007 as an amateur. Equally, the Chamber took note that the player was registered as an amateur with the club V, as from 1 October 2007 until 30 June 2012. 6. In continuation, the Dispute Resolution Chamber observed that the Claimant asserted that it was entitled to receive training compensation from the Respondent in the amount of EUR 7,083, plus 5% interest as of the 31st day of the registration of the player with the Respondent, since the player was registered as a professional for the first time with a club belonging to a different association before the end of the season of his 23rd birthday. 7. Equally, the DRC took note that the Respondent did not answer to any of FIFA’s correspondences. In this way, the Respondent renounced to its right to defence and accepted the allegations of the Claimant. 8. Furthermore, as a consequence of the aforementioned consideration, the Chamber concurred that in accordance with art. 9 par. 3 of the Procedural Rules it shall take a decision upon the basis of the documents already on file, in other words, upon the statements and documents presented by the Claimant. 9. In this context, the Chamber first of all referred to the rules applicable to training compensation and stated 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. 10. Equally, the Chamber went on to recall that, in accordance with art. 2 par. 2 lit. ii. of Annexe 4 of the Regulations, training compensation is not due when a player is transferred to a category IV club. 11. In continuation, the members of the Dispute Resolution Chamber emphasized that, in accordance with the FIFA Circular 1299, clubs in country Z shall be allocated either in category III or IV. 12. With this established, the Chamber carefully examined the documents on file. In particular, it noted that, in accordance with the clarification of the ZFA dated 26 June 2013, the Respondent has been allocated in the category IV between the seasons 2008/2009 and 2012/2013, as well as that it had continuously played in the first division of country Z during said period. 13. In this context, the DRC was of the view that there are good reasons to deem that the allocation of the Respondent in category IV is not justified in view of the specific circumstances of the present matter. Consequently, the Chamber decided that the club category III shall apply to the Respondent and, therefore, training compensation is due. 14. Turning its attention to the calculation of training compensation, the DRC referred to art. 5 paras. 1 and 2 of Annexe 4 of the Regulations, which stipulates that, as a general rule, it is necessary to take the costs that would have been incurred by the new club as if it had trained the player itself and, thus, it is calculated based on the training costs of the new club multiplied by the number of years of training with the former club. 15. Equally, and as to the obligation to pay training compensation, the DRC underscored the content of art. 3 of Annexe 4 of the Regulations, which stipulates that it is the obligation of the club with which the player is registered to pay training compensation within 30 days of the registration. 16. In light of the foregoing, and taking into account the aforementioned registration dates as well as that the Respondent should be allocated in category III for training compensation purposes, the Chamber concluded that the Claimant is entitled to receive from the Respondent training compensation in the amount of EUR 6,666, plus 5% interest as of 1 October 2012. 17. Lastly, the Dispute Resolution Chamber referred to art. 25 par. 2 of the Regulations in conjunction with art. 18 par. 1 of the Procedural Rules, according to which, in proceedings before the DRC relating to disputes regarding training compensation and the solidarity mechanism, costs in the maximum amount of CHF 25’000 are levied. The relevant provision further states that the costs are to be borne in consideration of the parties’ degree of success in the proceedings and that, in accordance with Annexe A of the Procedural Rules, the costs of the proceedings are to be levied on the basis of the amount in dispute. 18. In respect of the above, the Chamber held that the amount to be taken into consideration in the present proceedings is EUR 7,083 related to the claim of the Claimant. Consequently, the Chamber concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000 (cf. table in Annexe A of the Procedural Rules). 19. As a result, and taking into account that the claim of the Claimant is partially accepted, the DRC concluded that the Respondent has to bear the costs of the current proceedings in front of FIFA. 20. Considering the particularities of the present matter, the Chamber determined the final amount of costs of the current proceedings to the amount of CHF 4,000. **** III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Club M, is partially accepted. 2. The Respondent, Club R, has to pay to the Claimant, club M, within 30 days as from the date of notification of this decision, the amount of EUR 6,666 plus 5% interest p.a. on said amount as of 1 October 2012 until the date of effective payment. 3. If the aforementioned sum plus interest is not paid within the aforementioned deadline, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee, for consideration and a formal decision. 4. Any further claim lodged by the Claimant, club M, is rejected. 5. The final costs of the proceedings in the amount of CHF 4,000 are to be paid by the Respondent, Club R, within 30 days of notification of the present decision, to FIFA to the following bank account with reference to case no. xxxxxxxx: 6. The Claimant, Club M, is directed to inform the Respondent, Club R, immediately and directly of the account number to which the remittance is to be made and to notify the Dispute Resolution Chamber of every payment received. ***** Note relating to the motivated decision (legal remedy): According to art. 67 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to the CAS directly within 21 days of receipt of notification of this decision and shall contain all the elements in accordance with point 2 of the directives issued by the CAS, a copy of which we enclose hereto. Within another 10 days following the expiry of the time limit for filing the statement of appeal, the appellant shall file a brief stating the facts and legal arguments giving rise to the appeal with the CAS (cf. point 4 of the directives). The full address and contact numbers of the CAS are the following: Court of Arbitration for Sport Avenue de Beaumont 2 1012 Lausanne Switzerland Tel: +41 21 613 50 00 Fax: +41 21 613 50 01 e-mail: info@tas-cas.org www.tas-cas.org For the Dispute Resolution Chamber: Jérôme Valcke Secretary General Encl. CAS directives