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 December 2020
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 1 December 2020
regarding training compensation related to the registration of the player Vinicius
Oliveira Santiago de Carvalho with Vitoria FC
BY:
Stefano Sartori (Italy), Single Judge of the sub-committee of the Dispute
Resolution Chamber
CLAIMANT:
Atlántico EC, Brazil
RESPONDENT:
Vitoria FC, Portugal
I. FACTS OF THE CASE
Player: Vinicius Oliveira Santiago de Carvalho
Date of birth: 18 November 2000
Player passport: issued by the Confederação Brasileira de Futebol (“CBF”) on 10 July 2020
Season Birthday Club(s) Registration
dates
Status Reg. type
2016 16th Vitória 10.06.2016 -
31.12.2016
Amateur Permanent
2017 17th Vitória 01.01.2017 -
30.08.2017
Amateur Permanent
2018 18th Atlantico Esporte
Clube
21.02.2018 -
02.05.2018
Amateur Permanent
2018 18th Jacuipense 01.09.2018 -
04.12.2018
Amateur Permanent
2020/2021 20th Vitoria FC (Portugal) 03.02.2020
onwards
Professional Permanent
Sporting season: 1 January to 31 December (Brazil)
Date of transfer: 3 February 2020, from EC Jacuipense (Brazil) to Vitoria FC (Portugal)
Claimant club: Atlántico EC (Brazil)
Respondent club: Vitoria FC (Portugal)
UEFA, category II (EUR 60,000 per year)
Claim and Response:
1. On 8 September 2020, the Claimant claimed the payment of EUR 11,671.23 as training
compensation from the Respondent for the first registration of the player as a professional, plus
5% per annum interest as from the due date until the date of effective payment.
2. On 2 October 2020, the FIFA administration submitted a proposal to the parties suggesting that
the Respondent should pay to the Claimant the sum of EUR 11,671.23 as training compensation,
plus 5% interests p.a. as of the due date.
3. The Respondent rejected the proposal submitted to the parties, arguing the following: (i) that
the Claimant had failed to provide evidence indicating that it had met the requirements to
receive training compensation in accordance with Brazilian law; (ii) that it is a training category
IV club and that, therefore, the amount of training compensation should be adjusted; and (iii) that it was about to receive from the player’s agent, a waiver of training compensation rights
issued by the Claimant.
II. LEGAL CONSIDERATIONS
Applicable law: RSTP: January 2020 edition.
Procedural Rules: 2020 edition.
Jurisdiction: Yes, uncontested.
Admissible: Yes, uncontested.
Decision:
4. In accordance with art. 22 d) of the Regulations on the Status and Transfer of Players (RSTP),
FIFA is competent to hear disputes relating to training compensation (article 20 of the RSTP)
“between clubs belonging to different associations”. As such, considering that the present
dispute involves clubs belonging to different associations, i.e. the Confederação Brasileira de
Futebol and the Federação Portuguesa de Futebol, the RSTP are applicable on the present dispute
concerning the training compensation claimed by the Claimant for the training and education
of the player.
5. Art. 5 par. 1 of Annexe 4 RSTP establishes that, as a general rule, to calculate the training
compensation due to a player’s former’s club, it is necessary to take the costs that would have
been incurred by the new club if it had trained the player itself. Furthermore, art. 5 par. 2 of
Annexe 4 RSTP stipulates that “the first time a player registers as a professional, the training
compensation payable is calculated by taking the training costs of the new club multiplied by
6. In accordance with the well-established jurisprudence of the DRC, the training category to be
taken into consideration when calculating training compensation is the one of the new club at
the time it registers the player with it.
7. Hence, the training category of the Respondent on 3 February 2020 is the one that has to be
taken into consideration, i.e. training category II (UEFA indicative amount of EUR 60,000 per
year).
8. According to art. 12 par. 3 of the Procedural Rules, the party that claims a right on the basis of
an alleged fact shall carry the burden of proof.
9. The Respondent alleged that the Claimant had waived its rights to receive training compensation
for the player but failed to provide evidence in support of such allegation. Therefore, the
argument of the Respondent cannot be taken into account.
the number of years of training”.
10. Taking into consideration all of the above, and in accordance with art. 2 par. 1 lit. i. and art. 3
par. 1 of Annexe 4 of the RSTP, training compensation is due to the Claimant for the period the
player was registered with it, i.e. as from 21 February 2018 until 2 May 2018. For the calculation,
the following is taken into account:
- 2018 season (season of the Player’s 18th birthday): 71 days.
11. The training costs are calculated, on a pro-rata basis, as follows:
- 2018 season - on the basis of a category II club, i.e. for UEFA, EUR 60,000 per year (cf. art.
5 par. 2 of Annexe 4 of the RSTP).
12. The Claimant shall be awarded EUR 11,671.23 as training compensation.
13. Furthermore, in accordance with the well-established jurisprudence of the DRC, the Claimant is
also entitled to receive an interest of 5% p.a. over the amount payable as training compensation
as of the 31st day of the registration of the player with the Respondent on a definitive basis, i.e.
as of 5 March 2020, until the date of effective payment.
14. 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).
15. Art. 24 bis RSTP is applicable.
DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1. The claim of the Claimant, Atlantico EC, is accepted.
2. The Respondent, Vitoria FC, shall pay to the Claimant:
- EUR 11,671.23 as training compensation, plus 5% interest per annum on that amount as
from 5 March 2020, until the date of effective payment.
3. The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount (including all applicable interest).
4. The Respondent shall provide evidence of full payment to psdfifa@fifa.org. If applicable, the
evidence shall be translated into an official FIFA language (English, French, German, Spanish).
5. If the due amount (including all applicable interest) is not paid by the Respondent within 45 days
as from notification of the bank account details, the following consequences shall apply:
1.
2.
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 ban will be lifted immediately, and prior to its complete serving, following
confirmation that the due amount (including all applicable interest) has been
received by the Claimant.
3.
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.
6. 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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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
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