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 1 February 2021

Decision of the

Single Judge of the sub-committee of

The Dispute Resolution Chamber

passed on 1 February 2021

regarding training compensation for the player MEDWIN BITEGHE MENDAME

BY:

Stefano Sartori (Italy), Single Judge of the sub-committee of the Dispute Resolution Chamber

CLAIMANT:

CMS, Gabon

RESPONDENT:

UNION SPORTIVE DE TATAOUINE, Tunisia

I. FACTS OF THE CASE

Player: Medwin Biteghe Mendame

Date of birth: 1 September 1996

Sporting season: 1 August to 31 July (Gabon)

Date of transfer: 20 September 2018 from Académie des Étoiles de Liberville (Gabon) to Union Sportive de Tataouine (Tunisia)

Claimant club: CMS (Gabon)

Respondent club: Union Sportive de Tataouine (Tunisia) – training category III (CAF indicative amount of USD 10,000 per year)

Claim and Response:

1. On 4 August 2020, the Claimant requested USD 51,710 as training compensation, plus 5% interests p.a. as of the due date.

2. The Claim of the Claimant is based on the following player passport of the player dated 23 June 2020 and issued by the Federacion Gabonaise de Football:

Season

Birthday

Club

Registration

Status

2008/2009

12th

AO. CMS

11.11.2008

Amateur

2009/2010

13th

AO. CMS

2009/2010

Amateur

2010/2011

14th

AO. CMS

2010/2011

Amateur

2011/2012

15th

AO. CMS

2011/2012

Amateur

2012/2013

16th

AO. CMS

2012/2013

Amateur

2013/2014

17th

AO. CMS

2013/2014

Amateur

2014/2015

18th

AO. CMS

2014/2015

Professional

2015/2016

19th

AO. CMS

2015/2016

Professional

2016/2017

20th

AO. CMS

2016/2017

Professional

2016/2017

20th

RED Star FC

2016/2017

Amateur

2017/2018

21st

FK Utenis Utena

2017/2018

Amateur

2018

21st

Academie des Etoiles de Librevillle

2018

Amateur

2018/2019

22nd

Union Sportive de Tataouine

2018/2019

Professional

REF TMS 6498

Page 4 of 7

3. The Claimant also provided a statement issued by the Federacion Gabonaise de Football dated 23 June 2020 by means of which the latter association confirmed that the player had been registered with the Claimant between 11 November 2008 and 4 January 2017 without interruption.

4. The claimed amount is based as follows:

Age

Registration

Duration

Training costs p.a. USD 10,000

Training compensation

12

11.11.2008-31.07.2009

262 days

2,000 USD

1,436 USD

13

01.08.2009-31.07.2010

365 days

2,000 USD

2,000 USD

14

01.08.2010-31.07.2011

365 days

2,000 USD

2,000 USD

15

01.08.2011-31.07.2012

365 days

2,000 USD

2,000 USD

16

01.08.2012-31.07.2013

365 days

10,000 USD

10,000 USD

17

01.08.2013-31.07.2014

365 days

10,000 USD

10,000 USD

18

01.08.2014-31.07.2015

365 days

10,000 USD

10,000 USD

19

01.08.2015-31.07.2016

365 days

10,000 USD

10,000 USD

20

01.08.2016-04.01.2017

365 days

10,000 USD

4,274 USD

Total:

2975 days

51,710 USD

5. The Respondent rejected the claim arguing that 4 different player passports for the player had been issued by the Fédération Gabonaise de Football and that those documents included contradictory information as to the registration of the player with the Claimant.

6. The Respondent provided a copy of three additional player passports dated 21 September 2017, 19 September 2018 and 27 December 2018 respectively that appear to have been issued by the Fédération Gabonaise de Football.

7. The Claimant provided its replica outside the deadline granted to the latter by the FIFA administration.

II. LEGAL CONSIDERATIONS

Applicable law: Regulations on the Status and Transfer of Players (RSTP): June 2018 edition.

Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (Procedural Rules): 2021 edition.

Jurisdiction: Yes, uncontested

Admissible: Yes, uncontested

Decision:

1. The Claimant is requesting the payment of training compensation on the basis of the reacquisition of the professional status of the player with the Respondent.

2. In accordance with art. 20 of the RSTP in connection with art. art. 1 par. 1 and art. 2 par. 1 of Annexe 4 of the RSTP, training compensation is payable by the new club of a player to the club(s) that have trained him between the age of 12 and 21 (unless it is evident that he has already terminated his training period before that) when the player is registered for the first time as professional and each time the player is transferred as professional between clubs affiliated to two different associations before the end of the season of his 23rd birthday.

3. Art. 2 par. 2 of Annexe 4 of the RSTP establishes inter alia that no training compensation is to be paid if a professional player reacquires amateur status on being transferred to a new club.

4. Art. 3 par. 2 of the RSTP indicates that if a player is re-registered as a professional within 30 months of being reinstated as amateur, his new club shall pay training compensation in accordance with art. 20 of the RSTP.

5. In casu, it remained undisputed that the player reacquired amateur status after having been registered with the Claimant as a professional and that he was re-registered with the Respondent as a professional.

6. As per art. 3 par. 2 of the RSTP, the Claimant would in principle be entitled to receive training compensation for the new registration of the player as a professional with the Respondent before the end of his 23rd birthday season and within 30 months of the end of his previous professional contract.

7. Nevertheless, art. 20 of the RSTP only foresees training compensation to be paid (1) when a player is registered for the first time as a professional or (2) when a professional player is transferred between clubs affiliated to different association.

8. In the present case, the player was neither registered for the first time as a professional with the Respondent nor he was a professional player transferred between clubs affiliated to different associations when he registered with the latter. Therefore, the prerequisites of art. 3 par. 2 in combination with art. 20 of the RSTP are not fulfilled and the claim of the Claimant has to be rejected.

9. No procedural are levied in accordance with art. 18 of the Procedural Rules.

III. DECISION

1. The claim of the Claimant, CMS, 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).

CONTACT INFORMATION:

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