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 related to the registration of the player Herman Junior Kameni with FUS Rabat
BY:
Stefano Sartori (Italy), Single Judge of the sub-committee of the Dispute Resolution Chamber
CLAIMANT:
Galaxy Sport Academy de Douala, Cameroon
RESPONDENT:
FUS Rabat, Morocco
I. FACTS OF THE CASE
Player: Herman Junior Kameni
Date of birth: 14 May 2001
Player passport: issued by the Fédération Camerounaise de Football (“FECAFOOT”)
on 7 October 2019
Club(s) Registration dates Status Galaxy Sport Academy de Douala 01.12.2015 – 30.11.2016 Amateur Galaxy Sport Academy de Douala 01.12.2016 – 30.11.2017 Amateur Galaxy Sport Academy de Douala 16.12.2017 – 30.11.2018 Amateur Galaxy Sport Academy de Douala 18.12.2018 – 17.09.2019 Amateur
Sporting season:
2015/2016
01.12.2015 – 31.10.2016
2016/2017
01.12.2016 – 31.10.2017
2017/2018
18.12.2017 – 30.11.2018
2018/2019
18.12.2018 – 30.11.2019
Date of transfer: 17 September 2019, from Cameroon to Morocco
Claimant club: Galaxy Sport Academy de Douala (Cameroon)
Respondent club: FUS Rabat (Morocco)
CAF, category II (USD 30,000 per year)
Claim and Response:
1. On 13 August 2020, the Claimant claimed the payment of USD 87,000 as training compensation from the Respondent for the first registration of the player as a professional, plus 5% per annum interest as from the due date.
2. On 2 September 2020, the FIFA administration submitted a proposal to the parties suggesting that the Respondent should pay to the Claimant the sum of USD 82,575.34 as training compensation, plus 5% interest p.a. as of the due date.
3. The Respondent rejected the proposal submitted to the parties, alleging that the Claimant had waived its entitlement to training compensation. In this respect, the Respondent made reference to a document entitled “Attestation” (hereinafter: “the Certificate”), dated 6 September 2019, which was uploaded in the TMS in the context of the player’s registration with the Respondent.
4. The aforementioned document, signed and stamped by the Claimant’s Chairman, stipulated the following: “Galaxy Sport Academy renonce aux indemnités de formation en cas de vente du joueur KAMENI Herman Junior par le FUS à un autre club, mais en compensation, le FUS devra lui reverser quinze pour cent (15%) de la somme issue de la vente dudit joueur. A préciser que ceci s’appliquera uniquement lors de la première vente du joueur KAMENI Herman Junior par le Fath Union Sport“.
5. The Claimant did not deny having signed the Certificate. However, the Claimant emphasized that the wording of the Certificate clearly indicated that this was only applicable in case of the subsequent sale of the player to another club, and since the player had not been further transferred, training compensation remained due.
II. LEGAL CONSIDERATIONS
Applicable law: RSTP: October 2019 edition.
Procedural Rules: 2020 edition.
Jurisdiction: Yes, uncontested.
Admissible: Yes, uncontested.
Decision:
6. In accordance with the jurisprudence of the DRC, the validity of a conventional waiver is subject to a clear and unequivocal declaration by the party concerned, requiring clear language reflecting the party’s intention to renounce to its rights. Implied waivers would not be recognized.
7. Accordingly, and given that training compensation is a right stipulated in the RSTP, the existence of a waiver of this right may only be assumed in case it is unmistakable that the renouncing club had indeed intended to waive its right to training compensation.
8. In the matter at hand, the wording of the relevant part of the Certificate clearly stipulates that the Claimant waives its training compensation rights in case of the subsequent transfer of the player by the Respondent to a third club.
9. Thus, it cannot be established that the Claimant unmistakably renounced to its training compensation rights.
10. In fact, the Claimant only waived his training compensation rights in case of a subsequent transfer of the player.
11. Therefore, the Claimant only waived its training compensation rights should the player be subsequently transferred from the Respondent to a third club.
12. Hence, the conditions set out in the Certificate were not fulfilled and the Claimant did not waive its rights to receive training compensation for the player’s transfer from its club to the Respondent.
13. In continuation, it is undisputed that the player was registered for the first time as professional with the Respondent on 17 September 2019.
14. As a result, and in accordance with art. 2 par. 1 lit. i. and art. 3 par. 1 of Annexe 4 of the RSTP, training compensation is due to the Claimant for the period the player was registered with it, i.e. from 1 December 2015 until 31 December 2016, from 1 January 2017 until 30 November 2017, from 16 December 2017 until 30 November 2018 and from 18 December 2018 until 17 September 2019.
For the calculation, the following is taken into account:
(i) 2015 season (season of the Player’s 14th birthday): 365 days;
(ii) 2016 season (season of the Player’s 15th birthday): 365 days;
(iii) 2017 season (season of the Player’s 16th birthday): 349 days;
(iv) 2018 season (season of the Player’s 17th birthday): 347 days; and
(v) 2019 season (season of the Player’s 18th birthday): 260 days.
15. The training costs are calculated, on a pro-rata basis, as follows:
(i) 2015 season - on the basis of a category IV club, i.e. for CAF, USD 2,000 per year (cf. art. 5 par. 3 of Annexe 4 of the RSTP): USD 2,000 x (365 / 365) = USD 2,000;
(ii) 2016 season - on the basis of a category IV club, i.e. for CAF, USD 2,000 per year (cf. art. 5 par. 3 of Annexe 4 of the RSTP): USD 2,000 x (365 / 365) = USD 2,000;
(iii) 2017 season - on the basis of a category II club, i.e. for CAF, USD 30,000 per year (cf. art. 5 par. 2 of Annexe 4 of the RSTP): USD 30,000 x (349 / 365) = USD 28,684.93;
(iv) 2018 season - on the basis of a category II club, i.e. for CAF, USD 30,000 per year (cf. art. 5 par. 2 of Annexe 4 of the RSTP): USD 30,000 x (347 / 365) = USD 28,520.55;
(v) 2019 season - on the basis of a category II club, i.e. for CAF, USD 30,000 per year (cf. art. 5 par. 2 of Annexe 4 of the RSTP): USD 30,000 x (260 / 365) = USD 21,369.86.
16. In conclusion, the Claimant is entitled to receive from the Respondent the sum of USD 82’575.34 as training compensation.
17. As to the interests, taking into account the request of the Claimant, as well as the jurisprudence of the DRC, the Claimant is also entitled to receive an interest of 5% p.a. over the amount payable as training compensation as of the 31st day of the registration of the player with the Respondent on a definitive basis, i.e. as of 18 October 2019, until the date of effective payment.
18. 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).
19. Article 24 bis RSTP is applicable.
DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE DISPUTE RESOLUTION CHAMBER
1. The claim of the Claimant, Galaxy Sport Academy de Douala, is partially accepted.
2. The Respondent, FUS Rabat, shall pay to the Claimant:
- USD 82’575.34 as training compensation, plus 5% interest per annum on that amount as from 18 October 2019, until the date of effective payment.
3. Any further claim lodged by the Claimant is rejected.
4. The Claimant shall immediately inform the Respondent of the bank account to which the Respondent must pay the due amount (including all applicable interest).
5. 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).
6. 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.
7. 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 paragraph 1 of the FIFA Statutes, this decision may be appealed before the Court of Arbitration for Sport 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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