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 2 December 2020
Decision of the Single Judge of the
sub-committee of the
Dispute Resolution Chamber
passed on 2 December 2020,
regarding training compensation in relation with the registration of the player Gilson
CORREIA with IBV (Iceland)
BY:
Stefano La Porta (Italy), Single Judge of the sub-committee of the DRC
CLAIMANT:
CLUBE FERROVIÁRIO VENDAS NOVAS,
Portugal
RESPONDENT:
IBV, Iceland
I. FACTS OF THE CASE
Player: Gilson CORREIA
Date of birth: 5 April 1997
Player passport: issued by the Federação Portuguesa de Futebol (FPF)
Season Birthday Club(s) Registration dates Status
09/10 13th Clube Ferroviário
Vendas Novas
11.09.2009-30.06.2010 Amateur
10/11 14th Clube Ferroviário
Vendas Novas
23.08.2010-30.06.2011 Amateur
11/12 15th GD Estoril Praia 01.09.2011-30.06.2012 Amateur
12/13 16th GD Estoril Praia 23.08.2012-30.06.2013 Amateur
13/14 17th GD Estoril Praia 20.08.2013-30.06.2014 Amateur
14/15 18th GD Estoril Praia 04.08.2014-30.06.2015 Amateur
15/16 19th CF Os Belenenses 05.08.2015-30.06.2016 Amateur
16/17 20th GD Gafanha 02.08.2016-16.02.2017 Amateur
SC Mineiro Aljustrelense 17.02.2017-30.06.2017 Amateur
17/18 21st Sertanense FC 17.08.2017-30.06.2018 Amateur
18/19 22nd Su Sintrense SAD 03.08.2018-28.11.2018 Amateur
GD Peniche 29.11.2018-06.03.2019 Amateur
Sporting season: 1 July to 30 June (Portugal)
Date of transfer: 7 March 2019 from GD Peniche (Portugal) to IBV (Iceland) as professional
Claimant club: Clube Ferroviário Vendas Novas (Portugal)
UEFA, category IV (EUR 10,000 per year)
Respondent club: IBV (Iceland)
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1. On 27 September 2020, the Claimant requested EUR 16,520.55 as training compensation “plus
interest of 5 % p.a. as of the due date until the date of effective payment.”
2. In its calculation, the Claimant took into consideration the amount set for category IV clubs in
UEFA, i.e. EUR 10,000 per year, which it multiplied pro rata by the 603 days the player was
registered with the Claimant during the seasons of his 14th and 15th birthday.
3. The Claimant is basing his claim on the first registration as a professional of the player with the
Respondent within the territory of the EU/EEA.
4. On 5 October 2020, the FIFA administration submitted a proposal to the parties, informing them
that it was of the opinion that the Respondent should pay the amount of EUR 16,575.35 to the
Claimant.
5. The Claimant accepted the proposal.
6. On 12 October 2020, the Respondent, referring to art. 6 par. 3 of Annexe 4 RSTP, rejected the
claim of the Claimant by arguing that the latter did not offer a contract and/or did not show a
proactive stance vis à vis the player in order to retain his services.
7. In this respect, the Respondent stated that a similar decision had already been reached for the
claim lodged against it by GD Gafanha, and requested for a similar outcome in the present
dispute.
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): June 2020 edition.
Jurisdiction: Yes, uncontested
Admissible: Yes, uncontested
Decision:
1. The Claimant is requesting training compensation on the basis of the first registration of the
player as a professional.
2. It is uncontested that the player was registered for the first time as a professional with the
Respondent on 7 March 2019, that is to say during the course of the season of the player’s 22nd
birthday.
3. According to art. 1 and art. 2 par. 1 lit. i) of Annexe 4 RTSP in combination with art. 3 par. 1 of
Annexe 4 RSTP, training compensation is in principle payable by the club registering the player
as professional for the first time to all the clubs where the player was registered as from the
beginning of the season of the player’s 12th birthday up until the end of the season of his 21st
birthday.
4. The player was registered with the Claimant for 293 days of the season of the player’s 12th
birthday and for 312 days of the season of his 13th birthday.
5. The Claimant would in principle be entitled to receive training compensation for the training and
education it provided to the player during the above timeframe.
6. Art. 6 of Annexe 4 RSTP foresees special provisions regarding training compensation for clubs
that are located within the territory of the European Union (EU) and/ or the European Economic
Area (EEA).
7. In casu, the Claimant is based in Portugal and the Respondent in Iceland, both countries being
member of the EU and/or EEA.
8. Therefore, art. 6 of Annexe 4 RTSP is applicable to the matter at hand as lex specialis.
9. Art. 6 par. 3 of Annexe 4 RTSP stipulates that “if the former club does not offer the player a
contract, no training compensation is payable unless the former club can justify that it is entitled
to such compensation. The former club must offer the player a contract in writing via registered
post at least 60 days before the expiry of his current contract. Such an offer shall furthermore
be at least of an equivalent value to the current contract. This provision is without prejudice to
the right to training compensation of the player’s previous club(s).”
10. In very exceptional cases, the Dispute Resolution Chamber (DRC) has decided that a club that
has not offered a contract as per Art. 6 par. 3 of Annexe 4 RSTP may however retain its
entitlement to training compensation by having shown a bona fide interest in retaining the
player.
11. The Respondent contested the entitlement of the Claimant to receive training compensation
arguing that the latter did not offer a contract to the player and did not show a bona fide interest
in retaining his services.
12. The last sentence of art. 6 par. 3 of Annexe 4 RTSP stipulates that the provisions of this article
are without prejudice to the right to training compensation of the player’s previous clubs.
13. The DRC established in previous decisions that the provisions set out in art. 6 par. 3 of Annexe
4 RSTP regarding the offer of contract as well as the application of the mentioned bona fide
principle are only applicable to the former club in the sense of the RSTP, i.e. the last club where
the player was registered before the professional registration giving rise to the dispute.
14. In casu, the player was registered with GD Peniche before he registered with the Respondent as
a professional for the first time on 7 March 2019.
15. In view of the above, art. 6 par. 3 of Annexe 4 RSTP is not applicable to the dispute at stake.
16. It is uncontested that the player was registered with the Claimant for 293 days of the season of
the player’s 12th birthday and for 312 days of the season of his 13th birthday.
17. Art. 5 par. 3 of Annexe 4 RSTP foresees that the training costs for players for the seasons
between their 12th and 15th birthdays (i.e. four seasons) shall be based on the training and
education costs of category 4 clubs.
18. The training costs for category IV clubs within UEFA are set at EUR 10,000 per year.
19. Art. 3 par. 1 of Annexe 4 RSTP stipulates that the amount payable of training compensation is
calculated on a pro rata basis according to the period of training that the player spent with each
club.
20. Taking into account the time the player was registered with the Claimant as per point II.4. above,
the latter would in principle be entitled to receive EUR 16,575.35 as training compensation,
corresponding to:
a. EUR 8,027.40 for the training and education provided to the player during the course
of the season of his 12th birthday; and
b. EUR 8,547.95 for the training and education provided to the player during the course
of the season of his 13th birthday.
21. The Claimant limited its claim to the sum of EUR 16,520.55.
22. In line with the legal principle of non ultra petita, the Claimant shall receive training
compensation from the Respondent in the amount of EUR 16,520.55 only.
23. The Claimant requested the award of interest rate of 5% per annum, “as per the due date”.
24. In this respect, the well-established jurisprudence of the DRC applies interests as from the first
overdue day for the payment of training compensation.
25. The player was registered with the Respondent on 7 March 2019. According to art. 3 par. 2 of
Annexe 4 RSTP, training compensation was to be paid to the training club(s) 30 days after said
date, i.e. until 6 April 2019.
26. As a result, the Claimant is entitled to receive 5% interests per annum as from the date at which
training compensation became overdue to the Claimant, that is to say as from 7 April 2019.
27. The interest rate of 5% per annum on EUR 16,520.55 shall apply until the date of effective
payment of the outstanding training compensation and its applicable interest.
28. In view of all the above, the claim of the Claimant is accepted and the Claimant shall receive
EUR 16’520.55 as training compensation, plus 5% interest p.a. on that amount, as from 7 April
2019 until the date of effective payment.
29. No procedural costs are levied (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
30. Art. 24bis RSTP applies.
III. DECISION
1. The claim of the Claimant, Clube Ferroviário Vendas Novas, is accepted.
2. The Respondent, IBV, shall pay to the Claimant:
- EUR 16’520.55 as training compensation, plus 5% interest per annum on that amount as
from 7 April 2019, 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 DRC:
Emilio García Silvero
Chief Legal & Compliance Officer
NOTE RELATED TO THE FINDINGS OF THE DECISION:
This notification of the findings of the decision without grounds via the Transfer Matching System
(TMS) is made pursuant to art. 10 par. 1 of Annexe 6 to the Regulations on the Status and Transfer of
Players (RSTP).
The grounds of the decision may be requested via TMS within 10 days of receipt of this notification.
Failure to comply shall result in the decision becoming final and binding, and the right to appeal being
waived (cf. art. 10 par. 2 of Annexe 6 to the RSTP).
CONTACT INFORMATION:
Fédération Internationale de Football Association
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | psdfifa@fifa.org | T: +41 (0)43 222 7777