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 in relation with the registration of the player Antonio
DURIC with Glentoran FC (Northern Ireland)
BY:
Stefano La Porta (Italy), Single Judge of the sub-committee of the DRC
CLAIMANT:
NK HRVATSKI DRAGOVOLJAC ZAGREB,
Croatia
RESPONDENT:
GLENTORAN FC, Northern Ireland
I. FACTS OF THE CASE
Player: Antonio DURIC
Date of birth: 8 June 1998
Player passport: issued by the Hrvatski nogometni savez (HNS) on 3 September 2020 and by the
Irish Football Association (IFA) on 28 September 2020
Season Birthday Club(s) Registration dates Status
17/18 20th NK Hrvatski
Dragovoljac Zagreb
(Croatia)
06.09.2017-30.06.2018 Pro (on loan from
LASK Linz, Austria)
18/19 21st NK Hrvatski
Dragovoljac Zagreb
(Croatia)
01.07.2018-21.02.2019 Pro (on loan from
LASK Linz, Austria)
FC NK Jarun (Croatia) 27.02.2019-27.08.2019 Amateur (contract
with LASK Linz
terminated)
19/20 22nd Glentoran FC 23.08.2019-15.09.2019 Amateur
Glentoran FC 16.09.2019-28.01.2020 Pro
Sporting season: 1 July to 30 June (Croatia)
Date of transfer: 23 August 2019, registration with Glentoran FC (Northern Ireland) as amateur
16 September 2019, registration of the player with Glentoran FC (Ireland) as
professional
Claimant club: NK Hrvatski dragovoljac (Croatia)
UEFA, category IV (EUR 10,000 per year)
Respondent club: Glentoran FC
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1. On 10 October 2020, the Claimant requested EUR 29,260.26 as training compensation. No
interest requested.
2. In its calculation, the Claimant took into account the average between its and the Respondent’s
amount as per their respective training category, i.e. EUR 20,000 per year, and multiplied it pro
rata by the 534 days the player was registered with it.
3. The Claimant is basing its claim on the so-called loan jurisprudence of the DRC as well as on art.
3 par. 2 of the RSTP.
4. The Respondent did not reply to the claim.
II. LEGAL CONSIDERATIONS
Applicable law: Regulations on the Status and Transfer of Players (RSTP): June 2019 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 the payment of training compensation on the basis of the
reacquisition of the professional status of the player with the Respondent.
2. In accordance with art. 20 RSTP in connection with art. art. 1 par. 1 and art. 2 par. 1 of Annexe
4 RSTP, training compensation is payable by the new club of a player to the club(s) that have
trained him between the age of 12 and 21 (unless it is evident that he has already terminated
his training period before that) when the player is registered for the first time as professional
and each time the player is transferred as professional between clubs affiliated to two different
associations before the end of the season of his 23rd birthday.
3. In this respect, art. 2 par. 2 of Annexe 4 RSTP establishes inter alia that no training compensation
is to be paid if a professional player reacquires amateur status on being transferred to a new
club.
4. Furthermore, art. 3 par. 2 RSTP indicates that if a player is re-registered as a professional within
30 months of being reinstated as amateur, his new club shall pay training compensation in
accordance with art. 20 RSTP.
5. In casu, the player reacquired amateur status after having been registered with the Claimant (on
loan from LASK Linz) and was re-registered with the Respondent as a professional on 16
September 2019.
6. As per art. 3 par. 2 RSTP alone, the Claimant would in principle be entitled to receive training
compensation for the new registration of the player as a professional with the Respondent
before the end of his 23rd birthday season and within 30 months of the end of his previous
professional contract.
7. Nevertheless, art. 20 RSTP only foresees training compensation to be paid (1) when a player is
registered for the first time as a professional or (2) when a professional player is transferred
between clubs affiliated to different association.
8. Given that, in the present case, the player was neither registered for the first time as a
professional nor he was a professional player transferred between clubs affiliated to different
associations, the Claimant shall not be entitled to training compensation.
9. Consequently, the claim of the Claimant is rejected.
10. 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).
III. DECISION
1. The claim of the Claimant, NK Hrvatski dragovoljac Zagreb, is rejected.
2. 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
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