F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – solidarity contribution/ contributo di solidarietà – (2017-2018) – fifa.com – atto non ufficiale – Decision 13 April 2018
Decision of the
Single Judge of the sub-committee of the Dispute Resolution Chamber (DRC)
passed on 13 April 2018,
by Eirik Monsen (Norway),
Single Judge of the sub-committee of the DRC,
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, Player H
I. Facts of the case
1. According to the player passports issued by the Football Association of Country E (hereinafter: Football Association E), the Football Association of Country B (hereinafter: Football Association B) and the Football Association of Country G (hereinafter: Football Association G), the Player H, born on 26 February 1995, was registered with the following clubs, always as an amateur:
the Club of Country E, club J as from 3 May 2008 until 23 October 2012;
the Club of Country E, club K as from 24 October 2012 until 21 March 2013;
the Club of Country E, club L as 22 March 2013 until 8 January 2014;
the Club of Country B, club A (hereinafter: Club A), as from 13 January 2014 until 30 June 2015;
the Club of Country E, club M as from 16 October 2015 until 27 April 2016;
the Club of Country E, club L as 28 April 2016 until 1 August 2016;
the club of Country G, club N (hereinafter: club N) as from 19 August 2016 until 12 January 2017.
2. The football seasons in Country B during the period of time the player was registered with Club A, started on 1 July of the respective year and ended on 30 June of the following year. Furthermore, the football season in Country E lasts approximately from October to May of the following year.
3. According to the information contained in the Transfer Matching System (TMS), the player was registered with the club of Country D, club C (hereinafter: club C), a club affiliated to the Football Association of Country D (hereinafter: Football Association D), on 14 January 2017 as a professional, which engaged the player “out of contract free of payment”, from the club of Country G, club N.
4. Equally, according to the information contained in the TMS, club C belonged to the UEFA category III (indicative amount of EUR 30,000 per year), at the moment that the player was registered with it. Furthermore, according to the TMS, club A belonged to UEFA category III until 26 November 2014 and on 27 November 2014, it became a UEFA category II-club.
5. On 14 November 2017, club A lodged a claim in front of FIFA requesting training compensation on the basis of the player’s first registration as a professional with club C on 14 January 2017. In particular, club A requested the total amount of EUR 45,000, plus 5% interest p.a. as from 14 February 2017 to be paid by club C.
6. In spite of having been invited to do so, club C did not reply to the claim.
II. Considerations of the Single Judge of the sub-committee of the Dispute Resolution Chamber
1. First of all, the Single Judge of the sub-committee of the Dispute Resolution Chamber (hereinafter also referred to as Single Judge) analysed whether he was competent to deal with the case at hand. In this respect, the Single Judge took note that the present matter was submitted to FIFA on 14 November 2017. Consequently, the 2017 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules) is applicable to the matter at hand (cf. art. 21 of the 2017 edition of the Procedural Rules).
2. Subsequently, the Single Judge referred to art. 3 of the Procedural Rules, which states that the Dispute Resolution Chamber shall examine its jurisdiction in light of arts 22 to 24 of the Regulations on the Status and Transfer of Players (edition 2018). In accordance with art. 3 of Annexe 6 in conjunction with art. 24 par. 3 and art. 22 lit. d) of the Regulations on the Status and Transfer of Players, the Single Judge is competent to decide on the present dispute relating to solidarity mechanism between clubs belonging to different associations handled through TMS.
3. Furthermore, the Single Judge 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, the Single Judge confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (editions 2016 and 2018), and considering that the player was registered with the club C on 14 January 2017, the 2016 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. His competence and the applicable regulations having been established, the Single Judge entered into the substance of the matter. The Single Judge started by acknowledging the facts of the case as well as the documentation on file. However, the Single Judge emphasised that in the following considerations he will refer only to the facts, arguments and documentary evidence which he considered pertinent for the assessment of the matter at hand.
5. First of all, the Single Judge recalled that the player was born on 26 February 1995 and, according to the player passport issued by the Football Association B, he was registered with Club A as from 13 January 2014 until 30 June 2015 as an amateur.
6. In addition, the Single Judge took note that Club A maintained that it is entitled to receive training compensation from club C in the amount of EUR 45,000, indicating that the player had signed his first professional contract with the club of Country D, club C before the end of the season of his 23rd birthday, having been transferred in January 2017 from the Club of Country G, club N, where the player was registered as an amateur.
7. Furthermore, the Single Judge duly noted that club C never took position in the present matter, although having been invited to do so by FIFA. Therefore, the Single Judge deemed that, in this way, club C renounced to its right to defence and accepted the allegations of club A.
8. As a consequence of the aforementioned consideration, the Single Judge established that, in accordance with art. 9 par. 3 of the Procedural Rules, he shall take a decision upon the basis of the documents already on file.
9. Having established the above, the Single Judge referred to the rules applicable to cases regarding training compensation and stated that, as established in art. 20 of the Regulations as well as in art. 2 par. 1 of Annexe 4 of the Regulations, training compensation is payable, as a general rule, 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. What is more, in case the player is registered for the first time as a professional, art. 3 par. 1 sent. 1 of Annexe 4 of the Regulations sets forth that 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.
11. The aforementioned having been established, the Single Judge then referred to art. 6 of Annexe 4 of the Regulations, which contains special provisions regarding players moving from one association to another association inside the territory of the European Union (EU)/European Economic Area (EEA). In this regard, the Single Judge indicated that, since the player moved from one association, the Football Association of Country G, to another association, the Football Association of Country D, inside the territory of the EU, said article is applicable. Hence, the Single Judge concluded that art. 6 par. 3 of Annexe 4 of the Regulations applies in the case at hand as lex specialis.
12. However, in this regard, the Single Judge pointed out that, in casu, a possible obligation to offer the player a contract in compliance with art. 6 par. 3 of Annexe 4 of the Regulations would in principle lie with the former club of the player, club N, and not with Club A. As stated in art. 6 par. 3 of Annexe 4 of the Regulations, said provision is without prejudice to the right of training compensation of the player’s previous club(s).
13. On account of the above and in accordance with art. 20 in combination with Annexe 4 of the Regulations, the Single Judge considered that Club A is, thus, entitled to receive training compensation for the period as from 13 January 2014 until 30 June 2015.
14. Turning its attention to the calculation of training compensation, the Chamber referred to the FIFA circular no. 1537 dated 3 May 2016, which provides details for the calculation of training compensation, as well as to art. 5 par. 1 and par. 2 of Annexe 4 of the Regulations, which stipulate 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. Similarly, the Single Judge referred to art. 6 of Annexe 4 of the Regulations which contains special provisions in case a player moves from a lower to a higher category club or from a higher to a lower category club within the territory of the EU/EEA. In this respect, the Single Judge recalled that according to the documentation on file, Club A belonged to the club category 3 until 26 November 2014 and as from 27 November 2014 to category 2 and that club C belonged to the club category 3. Thus, the indicative amount of EUR 30,000 for the UEFA category 3 shall be used as the basis of the calculation of the amount of training compensation due to Club A.
15. In this respect, the Single Judge recalled that the player was born on 26 February 1995 and, according to the player passport issued by the Football Association B, he was registered with Club A as from 13 January 2014 until 30 June 2015 as an amateur, i.e. during 6 months of the season of his 19th birthday and during the entire season of his 20th birthday.
16. Equally, the Single Judge stressed that according to the player passports issued by the Football Association of Country D and the Football Association of Country G, the player was registered as an amateur with the club of Country G, club N, as well as that according to a player passport issued by Football Association of Country D, the player was registered as a professional with club C on 14 January 2017, this is, in the season of his 22nd birthday.
17. In view of all of the above and taking into account the amount claimed, the Single Judge decided to accept the claim of Club A and held that club C is liable to pay the amount of EUR 45,000 to Club A as training compensation in relation to the first registration of the player as a professional with club C.
18. Moreover, taking into consideration Club A’s claim as well as art. 3 par. 2 of Annexe 4 of the Regulations, the Single Judge decided that, in conformity with his longstanding practice, club C has to pay interest at 5% p.a. over the amount payable as training compensation as of the 31st day of the registration of the player with club C, i.e. as of 14 February 2017, until the date of effective payment.
19. Lastly, the Single Judge referred to art. 25 par. 2 of the Regulations in combination with art. 18 par. 1 of the Procedural Rules, according to which, in proceedings before the DRC, the DRC judge and the Single Judge of its sub-committee relating to disputes regarding training compensation, costs in the maximum amount of CHF 25,000 are levied. It is further stipulated 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.
20. In respect of the above, the Single Judge held that the amount to be taken into consideration in the present proceedings is EUR 45,000 related to the claim of Club A. Consequently, the Chamber concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000 (cf. table in Annex A).
21. As a result, and taking into account that the case at hand did not compose any complex factual or legal issues as well as considering that club C never took stance in the procedure, the Single Judge determined the costs of the current proceedings to the amount of CHF 5,000, which shall be borne by club C.
III. Decision of the Single Judge of the sub-committee of the Dispute Resolution Chamber
1. The claim of the Claimant, Club A, is accepted.
2. The Respondent, Club C, has to pay to the Claimant within 30 days of the date of notification of this decision, the amount of EUR 45,000, plus 5% interest p.a. on said amount as of 14 February 2017 until the date of effective payment.
3. In the event that the aforementioned sum plus interest is not paid within the stated time limit, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision.
4. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance under point 2. is to be made and to notify the Single Judge of the sub-committee of the DRC of every payment received.
5. The final costs of the proceedings in the amount of CHF 5,000 are to be paid by the Respondent within 30 days as from the date of the notification of the present decision, to FIFA to the following bank account with reference to case nr. XXX:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
*****
Note relating to the motivated decision (legal remedy):
According to art. 58 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
For the Single Judge of the sub-committee
of the Dispute Resolution Chamber:
_______________________
Omar Ongaro
Football Regulatory Director
Encl.: CAS directives