F.I.F.A. – Camera di Risoluzione delle Controversie (2015-2016) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2015-2016) – labour disputes – official version by www.fifa.com – Decision of the Decision of the Decision of the Decision of the Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 7 July 2015, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club, Club A, country B as Claimant against the club, Club C, country D as Respondent regarding training compensation in connection with the Player E

F.I.F.A. - Camera di Risoluzione delle Controversie (2015-2016) - controversie di lavoro - ---------- F.I.F.A. - Dispute Resolution Chamber (2015-2016) - labour disputes – official version by www.fifa.com – Decision of the Decision of the Decision of the Decision of the Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 7 July 2015, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club, Club A, country B as Claimant against the club, Club C, country D as Respondent regarding training compensation in connection with the Player E I. Facts of the case 1. In accordance with the player passport issued by the Football Association from country B, the player, Player E (hereinafter: the player), born on 1 September 1996, was registered with its affiliated clubs, Club F, Club A (hereinafter: the Claimant), and Club G, as follows: Club From To Status Club F 1 January 2008 31 December 2008 amateur Club G 1 January 2009 16 February 2012 amateur Claimant 17 February 2012 2 July 2014 amateur 2. Moreover, according to the player passport the football season in country B for amateur players starts on 1 January and ends on 31 December of each year. 3. The Football Federation from country D informed FIFA that the player was registered with its affiliated club, Club C (hereinafter: the Respondent), on 3 July 2014. 4. According to the information contained in the Transfer Matching System (TMS), the Respondent and the player concluded an employment contract valid from 31 January 2014 until 30 June 2016 and the International Transfer Certificate (ITC) was issued on 2 July 2014. 5. On 4 February 2015, the Claimant contacted FIFA claiming the payment of training compensation from the Respondent in connection with the player. In particular, the Claimant requested the amount of EUR 213,780.82 plus interest as of the due date as well as procedural costs. 6. In this respect, the Claimant held that the player signed his first professional contract with the Respondent. 7. The Claimant held that the Respondent had offered to pay EUR 50,000 to settle the matter amicably and therefore, had accepted its obligation to pay training compensation. Moreover, the Claimant stated having refused the aforementioned offer. 8. According to the information contained in the TMS, the Respondent belonged to the category I within UEFA (indicative amount of EUR 90,000 per year) during the season when the player was registered with it. 9. Even though invited to do so, the Respondent did not reply to the claim of the Claimant. II. Considerations of the DRC judge 1. First of all, the DRC judge analysed whether he was competent to deal with the matter at hand. In this respect, he took note that the present matter was submitted to FIFA on 4 February 2015. Consequently, the 2014 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 of the Procedural Rules). 2. Subsequently, the DRC judge referred to art. 3 par. 2 and par. 3 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and par. 2 in conjunction with art. 22 lit. d) of the Regulations on the Status and Transfer of Players (edition 2015) he is competent to decide on the present matter, which concerns a dispute relating to training compensation between clubs belonging to different associations. 3. Furthermore, the DRC judge analysed which regulations should be applicable as to the substance of the matter. In this respect, he confirmed that in accordance with art. 26 par. 1 and par. 2 of the Regulations on the Status and Transfer of Players (edition 2015), and considering that the player was registered with the Respondent on 3 July 2014, the 2012 edition of the Regulations on the Status and Transfer of Players (hereinafter: Regulations) is applicable to the matter at hand as to the substance. 4. The competence of the DRC judge and the applicable regulations having been established, the DRC judge entered into the substance of the matter. In this respect, the DRC judge started by acknowledging all the above-mentioned facts as well as the arguments and the documentation submitted by the parties. However, the DRC judge emphasised that in the following considerations he will refer only to the facts, arguments and documentary evidence, which he considered pertinent for the assessment of the matter at hand. 5. In this respect, the DRC judge took note that the player, born on 1 September 1996, was, according to the player passport provided by the Football Association from country B, registered with the Claimant as from 17 February 2012 until 2 July 2014 as an amateur. 6. In addition, the DRC judge recalled that the player was registered as a professional with the Respondent on 3 July 2014 and that the player had previously always been registered as an amateur. 7. Furthermore, the DRC judge duly noted that, on the one hand, the Claimant is requesting training compensation for the player concerned from the Respondent in the amount of EUR 213,780.82 plus interest. On the other hand, the DRC judge took into account that the Respondent failed to present its response to the claim, in spite of having been invited to do so. In this way, the DRC judge considered that the Respondent renounced its right to defence and, thus, accepted the allegations of the Claimant. 8. Furthermore, as a consequence of the aforementioned consideration, the DRC judge concurred that in accordance with art. 9 par. 3 of the Procedural Rules he shall take a decision upon the basis of the documents already on file, in other words, upon the statements and documents presented by the Claimant. 9. Bearing in mind the previous considerations, the DRC judge stated that, as established in art. 20 of the Regulations as well as in art. 1 par. 1 of Annexe 4 in combination with art. 2 par. 1 lit. i. of Annexe 4 of the Regulations, training compensation is payable, as a general rule, for training incurred between the ages of 12 and 21 when a player is registered for the first time as a professional before the end of the season of the player’s 23rd birthday. 10. On account of the above-mentioned, the DRC judge concluded that based on the documents at disposal it can be established that the player was registered for the first time as a professional with the Respondent before the end of the season of his 23rd birthday and thus, entitling the Claimant to receive training from the Respondent. 11. Turning his attention to the calculation of training compensation, the DRC judge referred to art. 5 par. 1 and par. 2 of the Annexe 4 of the Regulations, which stipulate that as a general rule, it is necessary to take the costs that would have been incurred by the new club as if it had trained the player itself and thus it is calculated based on the training costs of the new club multiplied by the number of years of training with the former club. 12. In this respect, the DRC judge took due note that according to the information contained in the TMS, the Respondent belonged to category I within UEFA during the season when the player was registered with it. In this regard, the DRC judge further took into account that according to FIFA circular no. 1418 dated 2 May 2014 the indicative amount within UEFA for category I clubs is of EUR 90,000 per year. In this context the DRC judge considered that the player, born on 1 September 1996, was registered with the Claimant during 10 months of the season of the player’s 16th birthday (EUR 75,000), during 12 months of the season of the player’s 17th birthday (EUR 90,000) and during 6 months of the season of the player’s 18th birthday (EUR 45,000). 13. Consequently and taking into account all the above-mentioned elements, the DRC judge decided that the claim of the Claimant is partially accepted and that the Respondent must pay to the Claimant training compensation in the amount of EUR 210,000 in connection with the Player E. 14. Moreover, taking into consideration the Claimant’s claim as well as art. 3 par. 2 of Annexe 4 of the Regulations, the DRC judge decided that the Respondent has to pay, in conformity with the DRC’s longstanding practice, 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 3 August 2014, until the date of effective payment. 15. Subsequently, the DRC judge decided that any further claim lodged by the Claimant is rejected. 16. Lastly, the DRC 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 proceedings before the DRC relating to disputes regarding training compensation, costs in the maximum amount of CHF 25’000 are levied. It is further stipulated that the costs are to be borne in consideration of the parties’ degree of success in the proceedings and that, in accordance with Annex A of the Procedural Rules, the costs of the proceedings are to be levied on the basis of the amount in dispute. 17. In respect of the above, the DRC judge held that the amount to be taken into consideration in the present proceedings is EUR 213,780.82 related to the claim of the Claimant. Consequently, the DRC judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 25,000 (cf. table in Annex A). 18. As a result, considering the parties’ degree of success and the fact that the Respondent failed to reply to the claim, the DRC judge determined the costs of the current proceedings to the amount of CHF 25,000 to be borne by the Respondent in its entirety. III. Decision of the DRC judge 1. The claim of the Claimant, Club A, is partially accepted. 2. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 210,000 plus 5% interest p.a. as of 3 August 2014 until the date of effective payment. 3. In the event that the aforementioned sum plus interest is not paid within the stated time limit, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. Any further claim lodged by the Claimant is rejected. 5. The final amount of costs of the proceedings in the amount of CHF 25,000 are to be paid by the Respondent within 30 days as from the date of notification of the present decision as follows: 5.1 The amount of CHF 20,000 has to be paid to FIFA to the following bank account with reference to case no.: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 5.2 The amount of CHF 5,000 has to be paid to the Claimant. 6. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittances under point 2. and 5.2. above are to be made and to notify the DRC judge of every payment received. ***** Note relating to the motivated decision (legal remedy): According to art. 67 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to the CAS directly within 21 days of receipt of notification of this decision and shall contain all the elements in accordance with point 2 of the directives issued by the CAS, a copy of which we enclose hereto. Within another 10 days following the expiry of the time limit for filing the statement of appeal, the appellant shall file a brief stating the facts and legal arguments giving rise to the appeal with the CAS (cf. point 4 of the directives). The full address and contact numbers of the CAS are the following: Court of Arbitration for Sport Avenue de Beaumont 2 1012 Lausanne Switzerland Tel: +41 21 613 50 00 Fax: +41 21 613 50 01 e-mail: info@tas-cas.org www.tas-cas.org For the DRC judge: Markus Kattner Acting Secretary General Encl. CAS Directives