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2011 Football Transfer Dismissed English Appeal Procedure

Parties & Representatives

Appellant: FK Ventspils
Appellant Representative: Sergey Usachov
Respondent: FC Stefan cel Mare
Respondent Representative: Gabriel Arhireu

Arbitrators

President: Michele Bernasconi

Decision Information

Decision Date: February 10, 2012

Case Summary

The Court of Arbitration for Sport (CAS) ruled on February 10, 2012, in a dispute between FK Ventspils and FC Stefan cel Mare regarding training compensation for a football player. The case stemmed from the player’s transfer, where he initially signed his first professional contract with FC Tranzits, a category 4 club, but was immediately loaned to FK Ventspils, a category 3 club. Under FIFA regulations, training compensation is typically not required when a player signs with a category 4 club. However, FC Stefan cel Mare argued that the arrangement was designed to evade compensation rules, as the player never played for FC Tranzits and exclusively featured for FK Ventspils. FC Stefan cel Mare filed a claim with FIFA, seeking €120,000 plus interest. The FIFA Dispute Resolution Chamber (DRC) partially upheld the claim, ordering FK Ventspils to pay €100,000 plus interest. FK Ventspils appealed to CAS, contesting the decision. The CAS panel, composed of Michele Bernasconi, Akihiko Hara, and Daniel Visoiu, reviewed the case based on written submissions, as both parties waived a hearing. The panel upheld the FIFA DRC’s decision, finding that the circumstances indicated an attempt to bypass training compensation rules. It noted the close connection between FK Ventspils and FC Tranzits, as well as the player’s exclusive involvement with FK Ventspils, which benefited from his training. The panel confirmed CAS’s jurisdiction and the admissibility of the appeal but ruled against FK Ventspils, maintaining the obligation to pay the compensation. The decision reinforced the principle that clubs cannot circumvent training compensation through artificial arrangements. The panel determined that FIFA regulations, supplemented by Swiss law, governed the case, with the 2005 edition of the FIFA Regulations on the Status and Transfer of Players being relevant. It found no evidence that the player had played for FC Tranzits or that the two clubs were distinct entities, as they shared bank accounts and contact details. Consequently, the panel upheld the FIFA DRC’s order for FK Ventspils to pay €100,000 plus 5% annual interest from September 15, 2007, until payment. All other claims were dismissed, as the appeal was unsuccessful. The ruling underscores the importance of complying with FIFA’s regulations and providing clear evidence in training compensation disputes.

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