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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 Real Succes
Respondent Representative: Luca Tettamanti

Arbitrators

President: Lars Hilliger

Decision Information

Decision Date: March 27, 2017

Case Summary

The Court of Arbitration for Sport (CAS) issued a ruling on March 27, 2017, in a dispute between FC Kuban and FC Real Succes concerning training compensation for a football player who had been loaned between several Moldovan clubs before his transfer to FC Kuban. The case centered on whether clubs that trained the player during loan periods were entitled to compensation under FIFA regulations. The sole arbitrator, Mr. Lars Hilliger, ruled that loans do not interrupt a player’s training period, meaning clubs that effectively trained the player during loans retained their rights to compensation unless the loans were disguised permanent transfers. The player in question was initially under contract with FC Dacia and was loaned to FC Real Succes and other clubs before his eventual transfer to FC Kuban in 2014. FC Real Succes sought training compensation for the period the player was registered with them, arguing that loans should be considered continuous for compensation purposes. FC Kuban contested this, claiming the player was an amateur during his time with FC Real Succes and that no valid loan agreement existed. The arbitrator found that the player remained a professional under FC Dacia’s contract during the loans, as confirmed by the Moldovan Football Federation, and that the loan agreements were valid. The absence of remuneration during the loan did not invalidate the agreements, as the player’s professional status at the start of the loan was sufficient. The arbitrator emphasized that the purpose of training compensation is to reward clubs for developing young talent and that denying compensation for loan periods could discourage clubs from loaning players. The ruling upheld the FIFA Dispute Resolution Chamber’s decision, which had ordered FC Kuban to pay FC Real Succes EUR 44,547 plus interest for the nine months the player trained with them. The arbitrator dismissed FC Kuban’s appeal, reinforcing the principle that clubs contributing to a player’s development, even on loan, are entitled to fair compensation under FIFA regulations. The case highlights the importance of proper documentation and adherence to contractual terms in football transfers and loans.

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