The Court of Arbitration for Sport (CAS) issued a ruling on March 27, 2017, in the dispute between FC Kuban and FC Gagauzyia concerning training compensation for a player under FIFA regulations. The case involved a Moldovan player who had been loaned multiple times before signing with FC Kuban. The central legal principle established was that a player's loan to another club does not interrupt the training period for calculating compensation. The club that originally trained the player remains entitled to compensation for the time it effectively trained the player, excluding the loan period, while the loaning club may also claim compensation for its training contributions. The sole arbitrator, Lars Hilliger, emphasized this principle applies only to genuine loan agreements, not disguised transfers.
The player had initially signed with FC Dacia in Moldova in 2010 and was subsequently loaned to FC Gagauzyia and other clubs before joining FC Kuban in 2014. FC Kuban argued the loans were simulated and should not trigger compensation obligations, but the arbitrator found no conclusive evidence to support this claim. The burden of proof lay with FC Kuban, which failed to demonstrate the loans were invalid. Consequently, FC Kuban was ordered to pay training compensation to the clubs that had trained the player, including FC Gagauzyia. The arbitrator clarified that the decisive factor in determining a loan's validity is the player's formal registration as a professional, not whether remuneration was received during the loan period.
The FIFA Dispute Resolution Chamber (DRC) had previously ruled that the player was a professional throughout his registration with FC Dacia, regardless of his status during loans, and that loans did not terminate his contract. The DRC upheld the claim for training compensation, rejecting FC Kuban's arguments about the player's amateur status or loan invalidity. The CAS affirmed this decision, noting the player's employment relationship with FC Dacia remained valid until the contract's expiration, and no tacit termination occurred. The player's registration history supported the loan structure, and FC Kuban failed to prove any loan constituted a permanent transfer.
The CAS dismissed FC Kuban's appeal, confirming the FIFA DRC's decision and ordering FC Kuban to pay EUR 20,000 in training compensation to FC Gagauzyia, plus 5% annual interest from March 29, 2014. The amount was calculated based on FC Kuban's UEFA Category II status, with an indicative annual training cost of EUR 60,000. The player's four-month stay with FC Gagauzyia justified the compensation. The ruling reinforced the principle that clubs contributing to a player's development are entitled to compensation, provided loan agreements are genuine and properly documented. The case highlights the complexities of player loans and the importance of adhering to FIFA regulations, ensuring fair compensation for youth development. The decision underscores the legal standards applied in CAS arbitrations and the necessity for clubs to maintain clear records of player transactions.