F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – solidarity contribution/ contributo di solidarietà – (2020-2021) – fifa.com – atto non ufficiale – Decision 10 September 2020
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 10 September 2020
regarding training compensation relating to the registration of the player Najeed ABBAS
with TP Mazembe
BY:
Philippe Diallo (France), Single Judge of the sub-committee of the
Dispute Resolution Chamber
CLAIMANT:
ACCRA AJAX FC, Ghana
RESPONDENT:
TP MAZEMBE, Congo DR
I. FACTS OF THE CASE
Player: Najeed ABBAS
Date of birth: 19 April 1996
Player passport: issued by the Ghana Football Association on 6 July 2020
Season Birthday Club(s) Registration dates Status
08/09 12 Desidero FC (Ghana) 01.08.08 – 31.07.09 Amateur
09/10 13 Desidero FC (Ghana) 01.08.09 – 31.07.10 Amateur
10/11 14 Desidero FC (Ghana) 01.08.10 – 31.07.11 Amateur
11/12 15 Desidero FC (Ghana) 01.08.11 – 31.07.12 Amateur
12/13 16 Accra Glober Stars FC (Ghana) 01.08.12 – 31.07.13 Amateur
13/14 17 Desidero FC (Ghana) 01.08.13 – 31.07.14 Amateur
14/15 18 Accra Ajax FC (Ghana) 01.08.14 – 31.08.14 Amateur
14/15 18 Nania FC (Ghana) 01.09.14 – 31.07.15 Amateur
15/16 19 Nania FC (Ghana) 01.08.15 – 31.07.16 Amateur
16/17 20 Nania FC (Ghana) 01.08.16 – 31.07.17 Amateur
17/18 21 Nania FC (Ghana) 01.08.17 – 31.07.18 Amateur
18/19 22 Nania FC (Ghana) 01.08.18 – 03.08.18 Amateur
Sporting season: 1 August to 31 July (Ghana)
Date of transfer: 3 August 2018, Nania FC (Ghana) to TP Mazembe (Congo DR) as amateur
Claimant club: Accra Ajax FC (Ghana)
Respondent club: TP Mazembe (Congo DR)
CAF, category II (USD 30,000 per year)
Claim and Response:
1. On 20 July 2020, the Claimant claimed training compensation of USD 2,756.25 on the basis of
the first registration as a professional of the player with the Respondent, plus 5 % interests as
of “until the payment is made in full”.
2. On 7 August 2020, the FIFA administration made a proposal to the parties to the settle the
matter suggesting that the Respondent should pay the Claimant the sum of USD 2,547.95 as
training compensation, plus 5% interests p.a. as of “the due date”.
3. The proposal was rejected by the Respondent, whilst the Claimant did not react to the proposal.
4. On 6 September 2020, the Respondent argued that the Claimant was not entitled to training
compensation since the player was registered with it as a professional on 1 August 2019, that is
to say during the season of his 24th birthday in Ghana and in Congo DR.
5. The Respondent provided a copy of the player passport issued by the Fédération Congolaise de
Football-Association (FECOFA) on 21 July 2020 along with a proof of the season dates in Congo
DR evidencing that said seasons start on 1 August and end on 31 July, indicating that the player
was registered as follows:
a. As an amateur with the Respondent for the entire season 2018/2019, i.e. as from 1
August 2018 until 31 July 2019;
b. As a professional for season 2019/2020, i.e. as from 1 August 2019 until 31 July 2020.
6. Therefore, in line with the provisions set out in art. 20 and in art. 2 par. 1 of Annexe 4 to the
Regulations on the Status and Transfer of Players (RSTP) according to which training
compensation is payable until the end of the season of his 23rd birthday, the Respondent
deemed that no training compensation was due.
7. In the alternative, the Respondent argued that the Claimant was only entitled to USD 2,500.
II. LEGAL CONSIDERATIONS
Applicable law: RSTP: June 2019 edition.
Procedural Rules: June 2020 edition.
Jurisdiction: Yes, uncontested.
Admissible: Yes, uncontested.
Decision:
8. According to art. 20 RSTP, training compensation shall be paid to a player’s training club(s): (1)
when a player signs his first contract as a professional, and (2) each time a professional is
transferred until the end of the season of his 23rd birthday.
9. The jurisprudence of the Dispute Resolution Chamber has established that the season taken into
account in training compensation matters is the season of the country where the player was
previously registered before the event potentially triggering the payment of said compensation
occured.
10. In casu, Ghana and Congo DR both have the same sporting season dates, i.e. 1 August until 31
July.
11. Based on the documentation on file, ion 3 August 2018, the player moved from Ghana to Congo
DR and was registered with the Respondent as an amateur, that is to say during the course of
the player’s 23rd birthday season.
12. Furthermore, in accordance with the documentation on file, in August 2019, the player was
registered as a professional for the first time with the Respondent, that is to say during the
course of the player’s 24th birthday season.
13. As a result, and because the player became a professional after the end of his 23rd birthday
season, the provisions set out in art. 20 and Annexe 4 RSTP do not apply to the matter at hand.
14. Consequently, the claim of the Claimant is rejected.
15. 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).
III. DECISION
1. The claim of the Claimant, Accra Ajax FC, is rejected.
2. 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 Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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).
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