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 13 November 2020

Decision of the

Dispute Resolution Chamber

passed in Zurich, Switzerland, on 13 November 2020,

regarding training compensation for the the player Isidro Miguel Pitta Saldivar

COMPOSITION:

Omar Ongaro (Italy), Deputy Chairman Daan de Jong (Netherlands), member Stijn Boeykens (Belgium), member

CLAIMANT:

GD SANTA CRUZ ALVARENGA, Portugal

RESPONDENT:

SANTANI, Paraguay

I. FACTS

1. According to the player passport issued by the Portuguese FA, the player, Isidro Miguel Pitta Saldivar (hereinafter: the player), born on 14 August 1999, was registered with the Portuguese club, GD Santa Cruz Alvarenga (hereinafter: Claimant), as professional as from 5 February 2018 until 1 February 2019, and again as from 4 February 2019 until 30 June 2019.

2. The football season in Portugal runs from 1 July until 30 June of the following year.

3. On 3 August 2018, the player informed the club, inter alia, that he has “no alternative but to consider terminated the employment contract […] by your exclusive fault, with all the consequences that derive from it.”.

4. On 10 October 2018, the Claimant lodged a labour claim against the player for breach of contract, inter alia alleging that the player had terminated the employment contract without just cause.

5. On 23 October 2018, the player lodged a counterclaim against the Claimant, inter alia alleging that he had terminated the employment contract with just cause.

6. According to the information contained in the Transfer Matching System (TMS), on 16 January 2019, the Paraguayan club, Deportivo Santani (hereinafter: Respondent), entered a transfer instruction to engage the player permanently.

7. Furthermore, as per the information contained in the TMS, on 18 January 2019, the Portuguese FA rejected the ITC request because “the contract between the former club and the professional player has not expired”.

8. By means of his decision rendered on 1 February 2019, the Single Judge of the Players’ Status Committee authorized the provision registration of the player with the Respondent.

9. By means of the information contained in TMS, the Respondent belonged to the category III (indicative amount of USD 10,000 per year within CONMEBOL) at the moment that the player was registered with the Respondent.

10. On 5 April 2019, the Claimant lodged a claim against the Respondent in front of FIFA requesting training compensation for the period of “1st January 2018 until 1st February 2019” on the ground of the subsequent transfer of the player as a professional before the end of the season of his 23rd birthday. In particular, the Claimant requested USD 10,833.33 plus interest of 5% p.a. as of 4 March 2019 until the date of effective payment.

11. In its claim, the Claimant argued that on 4 February 2019, it “became aware” of the decision dated 1 February 2019 of the Single Judge of the PSC authorizing the provision registration of the player with the Respondent.

12. As per the Claimant, the Respondent “is placed in category 3 […] whose corresponding annual indicative sum of training compensation is USD 10,000”.

13. In reply to the Claimant’s claim, the Respondent firstly held that the player was registered with the Claimant as from “1 January 2018” until “5 June 2018”, the date on which the player “returned to Paraguay”.

14. In continuation, the Respondent referred to the letter sent by the player to the Claimant on 3 August 2018, and held that the player terminated the employment contract with the Claimant with just cause.

15. Consequently, the Respondent concluded that the Claimant is not entitled to Training Compensation.

II. CONSIDERATIONS OF THE DISPUTE RESOLUTION CHAMBER

1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as Chamber or DRC) analysed whether it was competent to deal with the matter at hand. In this respect, it took note that the present matter was submitted to FIFA on 10 October 2018. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2018; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 of the Procedural Rules).

2. Subsequently, the members of 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. b of the Regulations on the Status and Transfer of Players (edition 2020) the Dispute Resolution Chamber is competent to deal with the matter at stake, which concerns an employment-related dispute with an international dimension between a Paraguayan player and a Portuguese club, with the involvement of another Paraguayan club.

3. Furthermore, the Chamber 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 2 of the Regulations on the Status and Transfer of Players (edition October 2020), and considering that the present claim was lodged on 10 October 2018, the June 2018 edition of said regulations (hereinafter: Regulations) is applicable to the matter at hand as to the substance.

4. The competence of the Chamber and the applicable regulations having been established, the Chamber entered into the substance of the matter. In this respect, the Chamber started by acknowledging all the above-mentioned facts as well as the arguments and the documentation submitted by the parties. However, the Chamber 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 Chamber recalled that the player was born on 14 August 1999 and was registered with the Claimant as a professional in the period between from 5 February 2018 and 1 February 2019, as well as in the period between 4 February 2019 and 30 June 2019.

6. In continuation, the DRC took note that the Claimant maintained that it is entitled to receive training compensation from the Respondent in the amount of USD 10,833, indicating that the player – on or around 1 February 2019 - was transferred as a professional from the Claimant to the Respondent before the end of the season of his 23rd birthday.

7. Furthermore, the Chamber noted that the Respondent rebutted the claim of the Claimant, firstly alleging that the player was only trained in the period between 1 January 2018 and 5 June 2018 by the Claimant, as on the latter date the player returned to Paraguay. Equally, the Chamber noted that the Respondent argued that the player terminated the employment contract with the Claimant on 3 August 2018 with just cause, as a result of which no training compensation is payable to the Claimant.

8. In this context, the DRC highlighted that the following issues needed to be analysed in the present matter:

- (1) When is, in general, training compensation due?

- (2) During which period was the player registered with the Claimant?

- (3) Did the player terminate the contract with the Claimant with or without just cause?

9. With the aforementioned considerations in mind, the DRC referred to art. 20 of the Regulations as well as in art. 2 par. 1 of Annexe 4 to the Regulations and pointed out that, as a general rule, training compensation is payable, when a player is registered for the first time as a professional before the end of the season of his 23rd birthday or when a professional is transferred between clubs belonging to two different associations before the end of the season of his 23rd birthday. In case the player is registered for the first time as a professional, art. 3 par. 1 sent. 1 of Annexe 4 to 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.

10. In case of a subsequent transfer of a professional, like the matter at hand, art. 3 par. 1 sent. 3 of Annexe 4 of the Regulations sets forth that training compensation will only be owed to the player’s former club for the time he was effectively trained by that club.

11. In the matter at hand, the DRC concluded that in principle., the Claimant would be entitled to receive training compensation from the Respondent, however that the arguments raised by the Respondent need to addressed in order to evaluate whether the Respondent should – in this particular matter -. Indeed be ordered to pay training compensation to the Claimant.

12. Turning its attention to the second question, the Chamber noted that the Portuguese FA had confirmed that the player was registered as a professional with the Claimant on 5 February 2018, as a result of which the DRC deemed that this date is the starting date of the player’s registration with the Claimant.

13. Additionally, the Chamber deemed it relevant to refer to the decision taken in the labour dispute between the Claimant, the player and the Respondent with reference number 18-02123, decided by the same Panel as the current matter, also on 13 November 2020. In said decision, the DRC noticed that the player had unilaterally terminated the contract with the Claimant on 3 August 2018, and afterwards, was no longer present at the Claimant’s premises or trained with the Claimant.

14. In view of the foregoing circumstances, the DRC concluded that in the matter at hand, contrary to the information provided in the player passport of the Portuguese FA (which indicated that the player’0s last day of registration with the Claimant was 30 June 2019) the relevant period of registration of the player with the Claimant to take into account is the period as from 5 February 2018 until 3 August 2018, i.e. 180 days in total.

15. On account of the above considerations, the DRC decided that the Respondent would, in principle, be liable to pay training compensation to the Claimant, which is the player’s former club in the sense of art. 3 par. 1 sent. 3 of Annexe 4 of the Regulations, in accordance with art. 20 and Annexe 4 of the Regulations.

16. Furthermore, the Chamber deemed it important to refer to the contents of art. 2 par. 2 par (i) of Annexe 4 of the Regulations, according to which no training compensation would be due, if the former club would have terminate the contract with the player without just cause. It follows from the contents of this article, as well as the interpretation of said article by the Chamber, that also in the situation in which the player would have terminated the contract with just cause, also no training compensation would be payable to the player’s former club.

17. In this regard, the Chamber noted that the Respondent is of the opinion that the player had terminated the contract with the Claimant with just cause, as a result of which no training compensation would be due.

18. However, in this respect, wished to reiterate the contents of its decision taken in the labour dispute between the Claimant, the player and the Respondent with reference number 18-02123, decided on 13 November 2020, in which decision the Chamber came to the conclusion that the player had unilaterally and prematurely terminated the contract with the Claimant without just cause. As a result, and in line with the contents and ratio of art. 2 of Annexe 4 of the FIFA Regulations, the Chamber was therefore of the opinion that the Claimant in this particular case did not lose its right to receive training compensation in connection with the transfer of the player from the Claimant to the Respondent on or around 1 February 2019.

19. In light of the above, the Chamber concurred that, taking into account all the above-mentioned elements and circumstances, it could clearly be established that the player had terminated the contract without just cause and that the Claimant therefore is entitled to receive training compensation, in line with the ratio of art. 2 of Annexe 4 of the FIFA Regulations. Consistently with all the above, the Chamber concluded that training compensation is due.

20. Turning its attention to the calculation of training compensation, considering art. 3 par. 1 sent. 2 of Annexe 4 to 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 180 days in the period between 5 February 2018 until 3 August 2018.

21. In continuation, the Chamber observed that according to the documentation on file, the Respondent belonged to the category III (indicative amount of USD 10,000 per year within CONMEBOL) and that the player was registered with the Claimant as from 5 February 2018 until 3 August 2018.

22. In light of all the foregoing, the Chamber partially accepted the Claimant’s claim and decided that the Respondent is liable to pay training compensation to the Claimant in the amount of USD 4,931.51.

23. Moreover, taking into consideration the Claimant’s claim as well as art. 3 par. 2 of Annexe 4 of the Regulations, the Chamber decided that, in conformity with its longstanding practice, the Respondent 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 the Respondent, i.e. as of 4 March 2019, until the date of effective payment.

24. In continuation, 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 the proceedings before the Dispute Resolution Chamber relating to disputes regarding training compensation, costs in the maximum amount of CHF 25,000 are levied. The costs are to be borne in consideration of the parties’ degree of success in the proceedings.

25. However, in this respect, the Single Judge referred to art. 18 par. 1. ii. of the Procedural Rules according to which, for any claim lodged prior to 10 June 2020 which has yet to be decided, the maximum amount of the procedural costs shall be equivalent to any advance of costs paid. Thus, considering that no advance of costs was paid in the matter at hand, no procedural costs are due.

26. Furthermore, taking into account the consideration under number II./3. above, the Chamber referred to par. 1 and 2 of art. 24bis of the Regulations, which stipulate that, with its decision, the pertinent FIFA deciding body shall also rule on the consequences deriving from the failure of the concerned party to pay the relevant amounts of outstanding remuneration and/or compensation in due time.

27. In this regard, the Chamber pointed out that, against clubs, the consequence of the failure to pay the relevant amounts in due time shall consist of a ban from registering any new players, either nationally or internationally, up until the due amounts are paid and for the maximum duration of three entire and consecutive registration periods.

28. Therefore, bearing in mind the above, the DRC decided that, in the event that the Respondent does not pay the amounts due to the Claimant within 45 days as from the moment in which the Claimant, following the notification of the present decision, communicates the relevant bank details to the Respondent, a ban from registering any new players, either nationally or internationally, for the maximum duration of three entire and consecutive registration periods shall become effective on the Respondent in accordance with art. 24bis par. 2 and 4 of the Regulations.

29. Finally, the Chamber recalled that the above-mentioned ban will be lifted immediately and prior to its complete serving upon payment of the due amounts, in accordance with art. 24bis par. 3 of the Regulations.

III. DECISION OF THE DISPUTE RESOLUTION CHAMBER

1. The claim of the Claimant, GD Santa Cruz Alvarenga, is accepted.

2. The Respondent, Santani, has to pay to the Claimant, the following amount:

- USD 4,931.51 as training compensation plus 5% interest p.a. as from 4 March 2019 until the date of effective payment.

3. Any further claims of the Claimant are rejected.

4. The Claimant is directed to immediately and directly inform the Respondent of the relevant bank account to which the Respondent must pay the due amount.

5. The Respondent shall provide evidence of payment of the due amount in accordance with this decision to psdfifa@fifa.org, duly translated, if applicable, into one of the official FIFA languages (English, French, German, Spanish).

6. In the event that the amount due, plus interest as established above is not paid by the Respondent within 45 days, as from the notification by the Claimant of the relevant bank details to the Respondent, the following consequences shall arise:

 1.

The Respondent shall be banned from registering any new players, either nationally or internationally, up until the due amount is paid and for the maximum duration of three entire and consecutive registration periods. The aforementioned ban mentioned will be lifted immediately and prior to its complete serving, once the due amount is paid.

(cf. art. 24bis of the Regulations on the Status and Transfer of Players).

2.

In the event that the payable amount as per in this decision is still not paid by the end of the ban of three entire and consecutive registration periods, the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee.

For the Dispute Resolution Chamber:

Emilio García Silvero

Chief Legal & Compliance Officer

NOTE RELATED TO THE APPEAL PROCEDURE:

According to article 58 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this decision.

NOTE RELATED TO THE 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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