F.I.F.A. – Camera di Risoluzione delle Controversie (2014-2015) – indennità di formazione – ———-F.I.F.A. – Dispute Resolution Chamber (2014-2015) – training compensation – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 21 May 2015, in the following composition: Geoff Thompson (England), Chairman Damir Vrbanovic (Croatia), member Alejandro Marón (Argentina), member Johan van Gaalen (South Africa), member Rinaldo Martorelli (Brazil), member on the claim presented by the club, Club A, Country B as Claimant against the club, Club C, Country D as Respondent regarding a training compensation dispute related to the transfer of the Player E

F.I.F.A. - Camera di Risoluzione delle Controversie (2014-2015) - indennità di formazione – ----------F.I.F.A. - Dispute Resolution Chamber (2014-2015) - training compensation – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 21 May 2015, in the following composition: Geoff Thompson (England), Chairman Damir Vrbanovic (Croatia), member Alejandro Marón (Argentina), member Johan van Gaalen (South Africa), member Rinaldo Martorelli (Brazil), member on the claim presented by the club, Club A, Country B as Claimant against the club, Club C, Country D as Respondent regarding a training compensation dispute related to the transfer of the Player E I. Facts of the case 1. According to the player passport issued by the Football Federation of Country B, the Player E (hereinafter: the player), born on 13 September 1994, was registered as an amateur with its affiliated clubs as follows: - Club F as from 1 June 2006 until 31 July 2009; - Club G as from 1 August 2009 until 31 July 2010; - Club H as from 1 August 2010 until 31 July 2011; - Club A as from 1 August 2011 until 31 July 2012; - Club I as from 1 August 2012 until 1 September 2014. 2. The football season in Country B lasts from 1 July until 30 June of the following year. 3. According to the Football Association of Country D, the player was registered with its affiliated club, Club C (hereinafter: the Respondent), on 1 September 2014 as a professional. 4. Furthermore, according to the information contained in the Transfer Matching System (TMS), the Respondent belonged to the category III (indicative amount of EUR 30,000 per year within UEFA) during the season when the player was registered with the club. 5. On 9 December 2014, FIFA was contacted by Club A (hereinafter: the Claimant) which requested training compensation in the amount of EUR 30,000 plus 5% interest p.a. as of 30 days after the amount became due, on the ground that the player, on 2 September 2014, was registered as a professional for the first time with the Respondent. 6. In spite of having been invited by FIFA to provide its position regarding the claim, the Respondent did not respond to the claim or make any statements at all during the course of the investigation. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as DRC or Chamber) analysed whether it was competent to deal with the case at hand. In this respect, it took note that the present matter was submitted to FIFA on 9 December 2014. Consequently, the 2014 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: Procedural Rules) is applicable to the matter at hand (cf. art. 21 of the 2014 and 2015 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. d) of the Regulations on the Status and Transfer of Players (edition 2015), the Dispute Resolution Chamber is competent to decide on the present matter relating to training compensation between clubs belonging to different associations. 3. Furthermore, the Chamber analysed which edition of the Regulations on the Status and Transfer of Players 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 (editions 2014 and 2015), and considering that the player was registered with the Respondent on 1 September 2014, the 2014 edition of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the matter at hand as to the substance. 4. The competence of the DRC and the applicable regulations having been established, the Chamber entered into the substance of the matter. The members of the Chamber started by acknowledging the above-mentioned facts of the case as well as the documents contained in the file. However, the DRC 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 members of the DRC took note that the Claimant asserted that it was entitled to receive training compensation from the Respondent in the amount of EUR 30,000 indicating that the player, on 2 September 2014, was registered as a professional for the first time with the Respondent. 6. Equally, the DRC noted that the Respondent failed to present its response to the claim of the Claimant, despite having been invited to do so. Therefore, the DRC deemed that, the Respondent renounced its right to defence and, thus, accepted the allegations of the Claimant. 7. As a consequence of the aforementioned consideration, the DRC established that in accordance with art. 9 par. 3 of the Procedural Rules it 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. 8. Having established the above, the Chamber referred to the rules applicable to training compensation and stated that, as established 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. In case the player is registered for the first time as a professional, art. 3 par. 1 sent. 1 of Annexe 4 of 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. Based on the documentation provided by the Football Federation of Country B and the information contained in TMS, the Chamber concluded that it could indeed be established that the player had been registered for the first time as a professional with the Respondent. 9. In continuation, the DRC observed that it was undisputed that the player, who was an amateur, was registered as a professional for the first time with a club belonging to a different association, i.e. the Respondent, before the end of the season of his 23rd birthday. In view of the foregoing, the DRC decided that the Respondent is liable to pay training compensation to the Claimant. 10. Turning its attention to the calculation of training compensation, the Chamber referred to art. 5 par. 1 and 2 of Annexe 4 to the Regulations, which stipulates that, as a general rule, to calculate the training compensation due to a player’s former club, it is necessary to take the costs that would have been incurred by the new club if it had trained the player itself. 11. In continuation, the Chamber recalled that the player was born on 13 September 1994 and was registered with the Claimant as from 1 August 2011 until 31 July 2012. 12. On account of the above, the DRC considered that the Claimant is, thus, entitled to receive training compensation for the period as from 1 August 2011 until 31 July 2012. 13. Equally, the DRC recalled that the Football Association of Country D confirmed that the player was registered with the Respondent on 1 September 2014 as a professional. 14. In view of all of the above and taking into account the amount claimed by the Claimant, the DRC decided to accept the Claimant’s claim and held that the Respondent is liable to pay the amount of EUR 30,000 to the Claimant as training compensation in relation to the first registration of the player as a professional with the Respondent. 15. Moreover, taking into consideration the Claimant’s claim, the Chamber decided that the Respondent has to pay, in conformity with its longstanding practice, interest at 5% p.a. over the amount payable as training compensation as of the date when the claim was lodged, i.e. 9 December 2014. 16. Lastly, the DRC referred to art. 25 par. 2 of the Regulations in conjunction with art. 18 par. 1 of the Procedural Rules, according to which, in proceedings before the DRC relating to disputes regarding training compensation and the solidarity mechanism, costs in the maximum amount of CHF 25’000 are levied. The relevant provision further states 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 Chamber held that the amount to be taken into consideration in the present proceedings is EUR 30,000 related to the claim of the Claimant. Consequently, the Chamber concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000 (cf. table in Annex A). 18. As a result, and taking into account that the Claimant is the successful party in the proceeding as well as that the Respondent never replied to the claim, the Chamber determined the final costs of the current proceedings to the amount of CHF 5,000 which shall be borne by the Respondent. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Club A, is 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 30,000 plus 5% interest p.a. on said amount as of 9 December 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. The final costs of the proceedings in the amount of CHF 5,000 are to be paid by the Respondent within 30 days as from the date of notification of the present decision, to FIFA to the following bank account: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH 27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 5. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance under point 2. above is to be made and to notify the Dispute Resolution Chamber 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 Dispute Resolution Chamber: Markus Kattner Deputy Secretary General Enclosed: CAS directives