F.I.F.A. – Camera di Risoluzione delle Controversie (2015-2016) – indennità di formazione – ———-F.I.F.A. – Dispute Resolution Chamber (2015-2016) – training compensation – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 26 November 2015, in the following composition: Geoff Thompson (England), Chairman John Bramhall (England), member Leonardo Grosso (Italy), member Philippe Diallo (France), member Mohamed Mecherara (Algeria), member on the claim presented by the club, Club A, Country B as Claimant against the club, Club C, Country D as Respondent regarding training compensation in connection with the Player E

F.I.F.A. - Camera di Risoluzione delle Controversie (2015-2016) - indennità di formazione – ----------F.I.F.A. - Dispute Resolution Chamber (2015-2016) - training compensation – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 26 November 2015, in the following composition: Geoff Thompson (England), Chairman John Bramhall (England), member Leonardo Grosso (Italy), member Philippe Diallo (France), member Mohamed Mecherara (Algeria), member on the claim presented by the club, Club A, Country B as Claimant against the club, Club C, Country D as Respondent regarding training compensation in connection with the Player E I. Facts of the case 1. According to the player passport issued by the Football Association of Country B, the Player E (hereinafter: the player), born on 21 May 1992, was registered with its affiliated club, Club A (hereinafter: the Claimant), from 14 February 2011 until 19 August 2013 as a professional. 2. The football season in Country B lasts from 1 June until 31 May of the following year. 3. According to the information provided by the Football Association of Country D, the player was registered with Club C (hereinafter: the Respondent) on 4 September 2013 as a professional. 4. According to the information contained in the Transfer Matching System (TMS), the Respondent belonged to the category II (indicative amount of EUR 60,000 per year within UEFA) during the season when the player was registered with the club. 5. On 25 February 2015, the Claimant contacted FIFA requesting training compensation on the ground that the player was transferred as a professional before the end of the season of his 23rd birthday. In particular, the Claimant, after amending its claim, is requesting the payment of the amount of EUR 150,821 plus EUR 5,000 “for the default payment” as well as EUR 2,000 “due to legal expenses”. 6. In its reply, the Respondent firstly acknowledged its obligation to pay training compensation. However, the Respondent contested the amount claimed by the Claimant. In this respect, the Respondent pointed out that it belonged to the category III (indicative amount EUR 30,000 per year within UEFA) “during the period when the player was registered with it”. In support of this, the Respondent provided a confirmation from the Football Association of Country D regarding the categorization of the Respondent. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as DRC or 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 25 February 2015. Consequently, the 2014 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: Procedural Rules) is applicable to the matter at hand (cf. art. 21 of the 2014 and 2015 Procedural Rules). 2. Subsequently, the members of the Chamber referred to art. 3 of the Procedural Rules, and confirmed that in accordance with art. 24 par. 1. in connection with art. 22 lit. d) of the Regulations on the Status and Transfer of Player (edition 2015), the Dispute Resolution Chamber is competent to decide on the present matter relating to training compensation between clubs belonging to different associations. 3. Furthermore, the Chamber analysed which edition of the Regulations on the Status and Transfer of Players should be applicable as to the substance of the matter. In this respect, it confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (editions 2012, 2014 and 2015), and considering that the player was registered with the Respondent on 4 September 2013, the 2012 edition of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the matter at hand as to the substance. 4. The competence of the DRC and the applicable regulations having been established, the Chamber entered into the substance of the matter. The members of the Chamber started by acknowledging the above-mentioned facts of the case as well as the documents contained in the file. However, the DRC emphasised that in the following considerations it will refer only to the facts, arguments and documentary evidence which it considered pertinent for the assessment of the matter at hand. 5. First of all, the DRC took note that the Claimant asserted that it was entitled to receive training compensation from the Respondent in the amount of EUR 150,821 indicating that the player, on 4 September 2013, was registered as a professional with the Respondent. 6. Equally, the DRC noted that the Respondent acknowledged its obligation to pay training compensation to the Claimant. However, the Respondent argued that the Claimant applied the wrong club category of the Respondent in order to calculate the correct amount. 7. Having established the above, the DRC, 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. 8. In view of the above, the DRC concurred that the player, born on 21 May 1992, was registered as a professional with the Respondent on 4 September 2013 and, thus, before the end of the season of the player’s 23rd birthday. Consequently, the DRC decided that the Respondent shall, in principle, pay training compensation in accordance with art. 20 of the Regulations. 9. Turning its attention to the calculation of training compensation, the members of the Chamber referred to art. 5 par. 1 and 2 of Annexe 4 to the Regulations, which stipulates that, as a general rule, to calculate the training compensation due to a player’s former club, it is necessary to take the costs that would have been incurred by the new club if it had trained the player itself. 10. In continuation, the Chamber recalled that the player was born on 21 May 1992 and was registered with the Claimant as from 14 February 2011 until 19 August 2013. 11. On account of the above, the DRC considered that the Claimant is, thus, entitled to receive training compensation for the period as from 14 February 2011 until 31 May 2013, which is the last month of the season of the players 21st birthday. 12. Moreover, the members of the Chamber observed that according to the information contained in the TMS, the Respondent belonged to the category II (indicative amount of EUR 60,000 per year) at the time the player was registered with the Respondent, i.e. on 4 September 2013. 13. In this regard, the members of the DRC took note that the Respondent submitted a confirmation from the Football Association of Country D, dated 19 March 2015, according to which the Respondent belongs to the category III. In this respect, the Chamber wished to emphasize that, in order to calculate the amount of training compensation it takes into account the club category of the Respondent at the moment that the player was registered with it. 14. Furthermore, and considering art. 3 par. 1 sent. 2 of Annexe 4 of the Regulations, which stipulates that the amount payable is calculated on a pro rata basis according to the period of training that the player spent with each club, the DRC concluded that the effective period of time to be considered in the matter at stake corresponds to 4 months of the 2010/2011 season, the full 2011/2012 as well as the full 2012/2013 seasons. 15. In addition, as regards the claimed legal expenses, the Chamber referred to art. 18 par. 4 of the Procedural Rules as well as to its long-standing and well-established jurisprudence, in accordance with which no procedural compensation shall be awarded in proceedings in front of the Dispute Resolution Chamber. Consequently, the Chamber decided to reject the Claimant’s request relating to legal expenses. 16. In view of all of the above and taking into account the amount claimed by the Claimant, the DRC decided to partially accept the Claimant’s claim and held that the Respondent is liable to pay the amount of EUR 140,000 to the Claimant as training compensation in relation to the registration of the player as a professional with the Respondent. 17. Lastly, the 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 Annex 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 members of the Chamber held that the amount to be taken into consideration in the present proceedings is EUR 150,821 related to the claim of the Claimant. Consequently, the DRC concluded that the maximum amount of costs of the proceedings corresponds to CHF 20,000 (cf. table in Annex A). 19. As a result, and taking into account the particularities of the present matter as well as the degree of success, the DRC determined the costs of the current proceedings to the amount of CHF 16,000, of which CHF 4,000 shall be borne by the Claimant and CHF 12,000 by the Respondent. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Club A, is partially accepted. 2. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 140,000. 3. In the event that the aforementioned sum plus interest is not paid within the stated time limit, interest at a rate of 5% p.a. will fall due as of the date of expiry of the stipulated time limit and 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 is rejected. 5. The final costs of the proceedings in the amount of CHF 16,000 are to be paid within 30 days as from the date of notification of the present decision as follows: 5.1. The amount of CHF 12,000 has to be paid by the Respondent to FIFA to the following bank account: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH 27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 5.2. The amount of CHF 4,000 has to be paid by the Claimant to FIFA. Given that the Claimant has already paid the amount of CHF 4,000 as advance of costs at the start of the present proceedings, no additional amount has to be paid by the Claimant. 6. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance under point 2. above 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: Markus Kattner Acting Secretary General Enclosed: CAS directives