The case involves a dispute between Nõmme JK Kalju, an Estonian football club, and FK Olimpic Sarajevo, a Bosnian football club, regarding training compensation for a player who transferred between the clubs. The dispute arose from conflicting information in the player’s registration documents and the interpretation of FIFA regulations on training compensation. The player, born in 1993, was initially registered as a professional with FK Olimpic Sarajevo from August 2009 to July 2012, then as an amateur with Famos from August 2012 to January 2013, before signing a professional contract with Nõmme JK Kalju in February 2013. The key issue was whether the player was registered as an amateur or non-amateur during his time with FK Olimpic Sarajevo, as this status determined the clubs' entitlement to training compensation under FIFA rules.
FIFA regulations stipulate that training compensation is payable when a player signs their first professional contract or is transferred before the season of their 23rd birthday. The player’s passport, issued by the Football Federation of Bosnia and Herzegovina (FFBH), plays a crucial role in establishing entitlement, but discrepancies were found in the documents. Initially, the player was registered as a non-amateur with FK Olimpic Sarajevo, but later rectifications suggested he was an amateur during part of his registration period. Nõmme JK Kalju relied on a letter of clearance from Famos stating it had no claim to compensation, while FK Olimpic Sarajevo argued the player was a professional during his time with them and claimed EUR 90,000 in training compensation.
The FIFA Dispute Resolution Chamber (DRC) ruled in favor of FK Olimpic Sarajevo on January 21, 2015, ordering Nõmme JK Kalju to pay the compensation, citing the player’s re-registration as a professional within 30 months of amateur status as triggering the obligation. The DRC dismissed Nõmme JK Kalju’s arguments about its UEFA category at the time of the agreement, emphasizing the registration date as the relevant factor. Nõmme JK Kalju appealed to the Court of Arbitration for Sport (CAS), arguing it acted in good faith based on initial documentation and requesting a reduction in the compensation amount.
The CAS Sole Arbitrator found insufficient evidence to overturn the player’s registered amateur status during his time with Famos, placing the burden of proof on Nõmme JK Kalju, which it failed to meet. While acknowledging the appellant’s good faith, the arbitrator upheld the FIFA DRC’s decision, adjusting the compensation to EUR 70,000 based on the player’s registration period with FK Olimpic Sarajevo. The arbitrator emphasized that training compensation rules aim to reward clubs for investing in player development and that errors in documentation do not negate the obligation. The decision highlighted the importance of accurate player registration records and the challenges posed by inconsistencies in documentation.
Ultimately, the CAS dismissed Nõmme JK Kalju’s appeal, affirming the FIFA DRC’s ruling and ordering the appellant to bear the costs of the proceedings. The case underscores the strict application of FIFA’s regulations on training compensation and the responsibilities of football associations in providing reliable player information. It also clarifies that clubs must provide concrete evidence to challenge standard compensation calculations, as indicative amounts apply in the absence of proven disproportionality. The ruling reinforces the balance between protecting clubs' investments and ensuring fairness in cases of administrative errors.