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2016 Football Transfer Dismissed English Appeal Procedure

Parties & Representatives

Appellant: FC Kuban
Appellant Representative: Mikhail Prokopets; Yuri Zaytsev; Darina Nikitina
Respondent: FC Dacia Chisinau
Respondent Representative: Luca Tettamanti

Arbitrators

President: Lars Hilliger

Decision Information

Decision Date: March 27, 2017

Case Summary

The Court of Arbitration for Sport (CAS) resolved a dispute between FC Kuban and FC Dacia concerning training compensation for a Moldovan football player who had been trained by FC Dacia before transferring to FC Kuban. The case centered on whether FC Kuban was obligated to pay training compensation to FC Dacia for the period the player was effectively trained by FC Dacia, excluding loan periods when the player was temporarily with other clubs. The player had a professional contract with FC Dacia from December 2010 to December 2013, during which he was loaned to several Moldovan clubs, including FC Gagauziya, FC Real Succes, and FC Sfintul Gheorghe. After his contract expired, he transferred to FC Kuban in February 2014. FC Dacia claimed compensation for the training it provided, while FC Kuban argued that the loans interrupted the training period and that the compensation should be limited or voided.

The FIFA Dispute Resolution Chamber (DRC) initially ruled in favor of FC Dacia, determining that the player’s loans did not constitute definitive transfers and that FC Dacia was entitled to compensation for the 18 months it effectively trained the player. FC Kuban appealed to CAS, contesting the validity of the loan agreements and the calculation of the training period. The sole arbitrator, Lars Hilliger, upheld the DRC’s decision, emphasizing that loans do not interrupt the training period under FIFA regulations. The arbitrator found no evidence to support FC Kuban’s claim that the loans were simulated or that the player’s professional status had been terminated during the loan periods. The player’s registration history, loan agreements, and employment contracts confirmed the legitimacy of the loans, and the Moldovan Football Federation verified the player’s status.

The arbitrator ruled that FC Kuban must pay €90,000 in training compensation, calculated at €60,000 per year (UEFA Category II club rate) for the 18-month training period, plus 5% annual interest from March 29, 2014. The decision reinforced the principle that clubs investing in player development are entitled to compensation, even when players are loaned to other clubs. The case underscored the importance of proper documentation and adherence to FIFA regulations in player transfers and loans. FC Kuban’s appeal was dismissed, and the original decision was affirmed, with FC Kuban also ordered to cover procedural costs. The ruling highlights the CAS’s role in upholding FIFA’s regulatory framework and ensuring fairness in disputes over training compensation.

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