The Court of Arbitration for Sport (CAS) case 2015/A/3981 involved a dispute between CD Nacional SAD, a Portuguese football club, and CA Cerro, a Uruguayan football club, over training compensation for a player. The FIFA Dispute Resolution Chamber (DRC) had previously ruled that Nacional must pay Cerro €225,000 plus interest for training compensation, prompting Nacional to appeal the decision to CAS. The case centered on the interpretation of FIFA regulations, particularly the calculation of training compensation and the role of FIFA Circular Letters, which provide guidelines but are not legally binding. The CAS panel, composed of three arbitrators, clarified that training compensation is based on the costs the new club would incur, not the former club's actual expenses, and serves as an incentive mechanism in football rather than a reimbursement of exact costs.
Key legal issues addressed included the inadmissibility of counterclaims in CAS appeal proceedings, as per Article R55 of the CAS Code, and the panel's authority to review facts and law within the appeal's scope. The panel emphasized that parties could challenge the amount of training compensation even if they initially contested only the obligation to pay. The factual background revealed that the player had been registered with Cerro before moving to Camacha and later Nacional. Cerro argued the transfer to Camacha was a sham to avoid compensation, leading the FIFA DRC to hold Nacional liable. Nacional appealed, claiming the compensation was disproportionate to its actual training costs, which it alleged averaged €1,000 per player annually. However, the panel found Nacional's evidence insufficient, as it lacked official financial records or expert reports.
The panel also rejected Cerro's argument that the appeal was inadmissible because Nacional had not previously requested a review of the compensation amount before the FIFA DRC. It underscored that training compensation aims to reward clubs for developing players, not to reimburse exact costs, and that FIFA's indicative amounts ensure predictability. The panel calculated Nacional's training costs per player using witness testimony, which revealed a player factor (trained players to professionals) between 1/84.5 and 1/101.4, resulting in costs higher than FIFA's indicative amount of €60,000. This confirmed the compensation was proportionate.
Ultimately, the CAS panel dismissed Nacional's appeal, upholding the FIFA DRC's decision and clarifying important legal principles regarding training compensation, CAS procedures, and the use of FIFA guidelines. The ruling highlighted the balance between standardized calculations and fairness in individual cases, reinforcing the importance of timely evidence submission and adherence to procedural rules in sports arbitration. The case concluded with the CAS affirming FIFA's decision and rejecting all additional requests from both parties.