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2016 Football Transfer Upheld FR Appeal Procedure

Parties & Representatives

Appellant Representative: Mohamed Aitali
Respondent: SC Beira-Mar

Arbitrators

President: Olivier Carrard

Decision Information

Decision Date: September 28, 2016

Case Summary

The Court of Arbitration for Sport (CAS) case 2016/A/4468 involved a dispute between FC Sochaux Montbéliard and SC Beira-Mar over training compensation for a player, I., who was registered with SL Benfica from 2008 to 2012 before being loaned to several clubs, including SC Beira-Mar, and later transferred to FC Sochaux in 2012. SC Beira-Mar filed a claim with FIFA on August 15, 2014, seeking €81,369.86 in training compensation plus interest, arguing it was entitled under FIFA's Regulations on the Status and Transfer of Players (RSTP). FC Sochaux contested the claim, asserting it was time-barred under Article 3 of Annex 4 of the 2010 RSTP, which required claims to be made within 18 months of the player's first professional registration. FIFA's Dispute Resolution Chamber (DRC) ruled in favor of SC Beira-Mar on October 15, 2015, ordering FC Sochaux to pay the compensation, plus interest and procedural costs. The DRC applied the 2014 RSTP for procedural matters and the 2012 RSTP for substantive issues, rejecting FC Sochaux's time-bar argument by noting the two-year limitation period under Article 25(5) of the 2012 RSTP began 30 days after the player's registration, making the claim timely.

FC Sochaux appealed to the CAS on February 12, 2016, arguing the 2010 RSTP should apply since the transfer occurred before the 2012 edition came into force. They maintained SC Beira-Mar's claim was time-barred under the 18-month rule and that SL Benfica, the player's former club, had waived its right to compensation. The CAS proceedings followed standard arbitration procedures, with an arbitral panel constituted on May 6, 2016. The panel determined the 2010 RSTP applied, as the transfer predated the 2012 regulations, and SC Beira-Mar's claim, filed exactly 18 months after the transfer, was outside the permissible timeframe. The CAS upheld FC Sochaux's appeal, annulled the DRC's decision, and dismissed SC Beira-Mar's claim as time-barred. The final ruling, issued on September 28, 2016, emphasized adherence to procedural timelines and the correct application of FIFA's regulatory framework, reinforcing the importance of timely claims in training compensation disputes.

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