The Court of Arbitration for Sport (CAS) issued a ruling on 21 August 2007 in the dispute between U.S. Fiorenzuola 1922 and Portsmouth City F.C. concerning training compensation for a football player. The case revolved around the player's transfer from Parma to Fiorenzuola and later to Portsmouth, with Fiorenzuola seeking compensation under FIFA regulations. The CAS panel, composed of Mr. Martin Schimke, Mr. Luigi Fumagalli, and Mr. Efraim Barak, addressed both procedural and substantive legal issues. Procedurally, the panel confirmed the admissibility of a joint appeal by Fiorenzuola and Parma, as well as the acceptance of Italian-language documents, provided they did not disadvantage the respondent.
Substantively, the case hinged on determining the player's status as amateur or non-amateur under FIFA's 2001 Regulations for the Status and Transfer of Players (RSTP). The panel clarified that this classification depends solely on whether the player received remuneration beyond reimbursement for actual expenses, not on the existence of an employment agreement. While national associations typically determine player status, such decisions must align with FIFA regulations and are subject to review by FIFA's Players’ Status Committee or CAS in disputes over training compensation. The panel found that the player, who received €14,070 yearly from Fiorenzuola, was non-amateur, as this amount exceeded reasonable expense reimbursements.
The panel also ruled on the eligibility for training compensation under Article 5(5) of the RSTP, which stipulates that no compensation is owed if the training club did not offer the player a new contract. Since Fiorenzuola failed to do so after the 2003/2004 season, the panel concluded it was not entitled to compensation. Fiorenzuola's argument that the transfer was intended as a loan, evidenced by a side agreement, was dismissed, as the formal transfer documentation indicated a definitive transfer. The panel viewed this arrangement as an attempt to circumvent Italian regulations prohibiting loans between professional and amateur clubs. Additionally, a fax from Portsmouth acknowledging a €50,000 claim was deemed insufficient to establish a legal obligation, as it reflected a mistaken belief rather than a binding agreement.
The CAS upheld the FIFA Dispute Resolution Chamber's decision, dismissing Fiorenzuola's appeal and confirming that no training compensation was due. The ruling underscored the importance of adhering to FIFA's regulatory framework in determining player status and compensation, irrespective of national federation classifications. The case highlights the complexities of player transfers and the jurisdictional interplay between national and international football governing bodies, reinforcing the primacy of FIFA regulations in resolving such disputes.