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 3 February 2021

Decision of the

Single Judge of the sub-committee of

The Dispute Resolution Chamber

passed on 3 February 2021

regarding training compensation for the player Barry Aly

BY:

Philippe Diallo (France), Single Judge of the sub-committee of the Dispute Resolution Chamber

CLAIMANT:

Dakar Sacré Coeur, Senegal

RESPONDENT:

FK Spartaks, Latvia

I. FACTS OF THE CASE

Player: Barry ALY

Date of birth: 5 July 1999

Sporting seasons: In Senegal:

- 2012/2013: as from 1 December 2012 until 31 July 2013;

- 2013/2014: as from 1 November 2013 until 31 July 2014;

- 2014/2015: as from 6 December 2014 until 2 August 2015;

- 2015/2016: as from 1 October 2015 until 26 June 2016, and;

- 2016/2017: as from 15 October 2016 until 30 June 2017.

Date of transfer: 27 February 2019, KEM Medine (Senegal) to FK Spartaks (Latvia)

Transfer instruction: the player was “Engaged permanently (out of contract)” by the Respondent from the former club and “the player was not under contract with his former club (amateur player)”;

Claimant club: Dakar Sacré Coeur (Senegal)

Respondent club: FK Spartaks (Latvia)

UEFA, category III (EUR 30,000 per year)

Claim and Response:

6. On 11 August 2020, the Claimant claimed training compensation in the amount of EUR 80,000 on the basis of the player’s first registration as a professional with the Respondent before the end of his 23rd birthday season.

7. The claim of the Claimant is based on the following undated player passport (Player passport 1) issued by Fédération Sénégalaise de Football (“FSF”)

Season

Birthday

Club

Registration

Status

2012-2013

13th

Dakar Sacré Coeur

29 March 2013 until 1 August 2014

Amateur

2013-2014

14th

Dakar Sacré Coeur

2 April 2014 until 1 August 2014

Amateur

2014-2015

15th

Dakar Sacré Coeur

14 January 2015 until 26 July 2015

Amateur

2015-2016

16th

Dakar Sacré Coeur

2 November 2015 until 25 June 2016

Amateur

2016-2017

17th

Dakar Sacré Coeur

3 November 2016 until 30 June 2017

Amateur

2017-2018

18th

Not registered

REF TMS 6563

Page 4 of 9

2018-2019

19th

KEM Medine

15.01.2019 until 26.02.2019

Amateur

2018-2019

19th

FK Spartaks

ITC issued on 26.02.2019

Professional

8. The Claimant argued that it had trained the player between the season of his 13th and 17th birthday, i.e. during 4 sporting seasons.

9. On 30 September 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 EUR 77,359 as training compensation, plus 5% interests p.a. as from the due date.

10. The proposal was accepted by the Claimant and rejected by the Respondent.

11. On 20 October 2020, the Respondent rejected the claim arguing that the player had already been a professional before registering with it.

12. The Respondent referred to a transfer agreement allegedly concluded on 6 February 2019 with KEM Medine (”Former club”) in accordance with which the parties had agreed upon the payment of EUR 5,000 as transfer fee and which indicated inter alia the following: “(1) [the player] (…) professional football player, currently under contract with [the former club] ; “E. [the former club] accepts to rescind its employment contract with [the player]”).

13. The Respondent added that in case of a subsequent transfer of a professional player, training compensation is only due to the former club of the player. The Respondent further referred to art. 4 of the relevant agreement in which the following is stated “The transfer compensation (…) paid by [the Respondent] to [the former club] shall be considered as inclusive of (…) FIFA Training Compensation. Any (…) Training compensation amounts claimed by any Player’s previous club(s) shall be responsibility of [the former club]”.

14. Alternatively, the Respondent requested any training compensation payable to the Claimant to be calculated on the basis of the following player passport (“Player passport 2”) which had been uploaded in TMS by the FSF in the context of the transfer of the player:

Season

Birthday

Club

Registration

Status

2012-2013

13th

Dakar Sacré Coeur

29 March 2013 until 1 August 2013

Amateur

2018-2019

19th

KEM Medine

15.01.2019 until 26.02.2019

Amateur

2018-2019

19th

KEM Medine

15.01.2019 until 26.02.2019

Amateur

The Respondent was of the opinion that considering the information included in Player passport 2, the sum of EUR 5,833, corresponding to approximately 7 months of the player’s 13th birthday season, corresponded to the maximal amount payable to the Claimant as training compensation.

15. In its replica, the Claimant provided a statement of the FSF dated 5 January 2021 in which it indicated that the former club is an amateur club.

16. The Claimant also provided several licenses of the player issued by the FSF for the seasons 2012-2013 until 2016-2017 in which it is indicated that the latter was registered as an amateur player with the Claimant.

17. The Claimant deemed that the aforementioned documentation proved that the player had been continuously registered as an amateur in Senegal before joining the Respondent.

18. In its duplica, the Respondent provided a statement of the player allegedly submitted via email on 25 January 2021 in which the latter confirmed having concluded a professional contract with the former club before joining the Respondent.

Clarification of the FSF:

19. On 1 December 2020, the FSF confirmed the accuracy of the information included in Player passport 1 and provided FIFA with a copy of the same player passport, slightly modified as to the season of the player’s 13th birthday, i.e. registration as from 29 March 2013 until 1 August 2013 (Player passport 3).

II. LEGAL CONSIDERATIONS

Applicable law: RSTP: June 2018 edition.

Procedural Rules: 2020 edition.

Jurisdiction: yes, uncontested

Admissible: yes, uncontested

Decision:

20. The Claimant requested the payment of training compensation on the basis of the first registration of the player as a professional with the Respondent.

21. The Respondent contested that the player was registered for the first time as a professional with it.

22. On 1 December 2020 the FSF confirmed that the player was registered with the Claimant as follows: as from 29 March 2013 until 1 August 2013 during the player’s 13th birthday season; as from 2 April 2014 until 1 August 2014 during the player’s 14th birthday season; as from 14 January 2015 until 26 July 2015 during the player’s 15th birthday season; as from 2 November 2015 until 25 June 2016 during the player’s 16th birthday season; and as from 3 November 2016 until 30 June 2017 during the player’s 17th birthday season.

23. The information uploaded in TMS in the context of the transfer of the player to the Respondent indicates that the player was “Engaged permanently (out of contract)” and that the latter was an amateur player with the former club. The player is mentioned as amateur player with the former club in the player passport provided in the transfer instruction. The transfer agreement mentioned by the Respondent was not uploaded in the relevant transfer.

24. Moreover, following investigation proceedings held within FIFA’s Regulatory Enforcement Department, the Respondent explicitly stated that, on 23 February 2019 while uploading the transfer documents in TMS, it discovered that “[the former club] never registered the Player as a Professional at the [FSF] and has hidden us this important fact until the end”, however, despite the above discrepancy, it decided to proceed with the player’s registration.

25. Bearing in mind the foregoing it has to be concluded that the player was registered as amateur and not as a professional with the former club and that his registration with the Respondent was the first one as professional player.

26. In accordance with art. 2 par. 1 lit. a) and 3 par. 1 of Annexe 4 of the RSTP the Claimant is entitled to receive training compensation from the Respondent.

27. In order to calculate the amount of training compensation due the following has to be taken into account:

(i) 2012-2013 season (season of the Player’s 13th birthday): 125 days;

(ii) 2013-2014 season (season of the Player’s 14th birthday): 121 days;

(iii) 2014-2015 season (season of the Player’s 15th birthday): 252 days;

(iv) 2015-2016 season (season of the Player’s 16th birthday): 234 days;

(v) 2016-2017 season (season of the Player’s 17th birthday): 180 days.

28. The training costs are calculated, on a pro-rata basis, as follows:

(i) 2012-2013 season - on the basis of a category IV club, i.e. for UEFA, EUR 10,000 per year (cfr. Art. 5 par. 3 of Annexe 4 of the RSTP):

EUR 10,000 x (125 / 365) = EUR 3,424.66

(ii) 2013-2014 season - on the basis of a category IV club, i.e. for UEFA, EUR 10,000 per year (cfr. Art. 5 par. 3 of Annexe 4 of the RSTP):

EUR 10,000 x (121 / 365) = EUR 3,315.07

(iii) 2014-2015 season - on the basis of a category IV club, i.e. for UEFA, EUR 10,000 per year (cfr. Art. 5 par. 3 of Annexe 4 of the RSTP):

EUR 10,000 x (252 / 365) = EUR 6,904.11;

(iv) 2015-2016 season - on the basis of a category III club, i.e. for UEFA, EUR 30,000 per year (cfr. Art. 5 par. 2 of Annexe 4 of the RSTP):

EUR 30,000 x (234 / 365) = EUR 19,232.88;

(v) 2016-2017 season - on the basis of a category III club, i.e. for UEFA, EUR 30,000 per year (cfr. Art. 5 par. 2 of Annexe 4 of the RSTP):

EUR 30,000 x (180 / 365) = EUR 14,794.52.

29. In view of the above. the Claimant is entitled to receive the sum of EUR 47,671.24 as training compensation.

30. The claim of the Claimant is partially accepted.

31. 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).

32. Art. 24 bis is applicable.

DECISION

1. The claim of the Claimant, Dakar Sacré Coeur, is partially accepted.

2. The Respondent, FK Spartaks, shall pay to the Claimant:

EUR 47,671.24 as training compensation

3. Any further claims of the Claimant are rejected.

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

5. 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.

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 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS) 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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