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 29 January 2021
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 29 January 2021
regarding training compensation for the player Vally Cisse
BY:
Philippe Diallo (France), Single Judge of the sub-committee of the Dispute Resolution Chamber
CLAIMANT:
Ivoire Academie FC, Côte d'Ivoire
RESPONDENT:
Gimnastic Tarragona, Spain
I. FACTS OF THE CASE
Player: Vally Cisse
Date of birth: 15 May 1999
Relevant career of the player in Côte d’Ivoire: based on the Player passport issued by the Fédération Ivoirienne de Football (“FIF”) on 9 April 2018; the FIF’s player’s License for the 2016-2017 season; and the information available in TMS
Season
Birthday
Club(s)
Registration dates
Status
Type
2016-17
17
Leader Foot Académie
19.11.16 - 01.12.16
Amateur
Permanent
2016-17
17
Ivoire Academie FC
02.12.16 - 27.08.17
Amateur
Loan
2017-18
18
Ivoire Academie FC
28.08.17 - 30.11.17
Amateur
Loan
2017-18
18
Leader Foot Académie
01.12.17 - onwards
Amateur
Permanent
Player passport: issued by the Real Federacion Espanol de Futbol (“RFEF”) on 23.06.2020
Season
Birthday
Club
Registration dates
Status
Type
2017-18
18
Gimnastic de
Tarragona SAD
16.01.18 - 30.06.18
Professional
Permanent
Sporting season(s): 2016/2017: 19 November 2016 to 27 August 2017
(Côte d’Ivoire) 2017/2018: 28 August 2017 to 30 June 2018
Date of transfer: 16 January 2018, Côte d’Ivoire to Spain
Claimant club: Ivoire Academie FC (Côte d’Ivoire)
Respondent club: Gimnastic Tarragona (Spain)
UEFA, category II (EUR 60,000 per year)
Claim and Response:
1. On 19 August 2020, the Claimant claimed training compensation of EUR 60,000 on the basis of the first registration as a professional of the player with the Respondent, plus 5 % interests p.a. as of “the date of transfer of the player”.
2. The Claimant argues having only discovered on 1 July 2020 that the player had been registered with the Respondent and that therefore such date was to be considered as “the event giving rise to the dispute” in the sense of art. 25 par. 5 of the RSTP.
3. On 22 January 2021, the Respondent rejected the Claimant’s claim arguing that it had agreed with the former club that any claims in respect of training compensation were meant to transferred to the latter.
4. In addition, the Respondent deemed that the “stage” period of the player with the Respondent, i.e. 6 November 2016 until 4 February 2017, was not to be taken into account (the player being on “stage” with the Respondent).
Information of the RFEF:
On 25 September 2020, the RFEF confirmed the accuracy of the information included in the player passport as to the player’s registration as a professional with the Respondent on 16 January 2018.
II. LEGAL CONSIDERATIONS
Applicable law: RSTP: January 2018 edition.
Procedural Rules: June 2020 edition.
Jurisdiction: Yes, uncontested
Admissible: No, uncontested
Decision:
5. According to art. 25 par. 5 of the RSTP, “The Players’ Status Committee, the Dispute Resolution Chamber, the single judge or the DRC judge (as the case may be) shall not hear any case subject to these regulations if more than two years have elapsed since the event giving rise to the dispute. Application of this time limit shall be examined ex officio in each individual case”.
6. Art. 3 par. 2 of Annexe 4 to the Regulations foresees that “the deadline for payment of training compensation is 30 days following the registration of the professional with the new association.”
7. In casu, the registration of the player with the Respondent as a professional occurred on 16 January 2018.
8. Consequently, any potential training compensation payable as a result of such registration became due on 15 February 2018 (i.e. 30 days after the registration).
9. Therefore, in casu, the event giving rise to the present, i.e. the non-payment of training compensation, occurred on 16 February 2018, the day upon which training compensation (if any) became overdue.
10. As a result, the claim lodged by the Claimant on 19 August 2020 is prescribed as it was lodged more than 2 years after 16 February 2018.
11. In conclusion, the claim of the Claimant is inadmissible.
DECISION
1. The claim of the Claimant, Ivoire Academie FC, is inadmissible.
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 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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