Link copied to clipboard!
2018 Football Transfer Dismissed English Appeal Procedure

Parties & Representatives

Appellant Representative: Daniel Cravo Souza; Diego Eidelvein
Respondent Representative: Paolo Lombardi

Arbitrators

President: Marco Balmelli

Decision Information

Decision Date: February 25, 2019

Case Summary

The Court of Arbitration for Sport (CAS) ruled on a dispute between Sport Club Internacional and Hellas Verona Football Club S.p.A. concerning training compensation under FIFA’s Regulations on the Status and Transfer of Players (RSTP). The case involved a player who had been loaned to several clubs, including Hellas Verona, before being permanently transferred to Internacional. Hellas Verona claimed entitlement to training compensation for the period the player was on loan with them, a position supported by FIFA’s Dispute Resolution Chamber (DRC). Internacional argued that only one club could claim such compensation and that the player had already completed his training. The CAS panel, comprising Marco Balmelli, João Nogueira Da Rocha, and Svenja Geissmar, addressed key legal issues, ruling that loan periods do not interrupt the training compensation period. The panel clarified that the club to which the player was loaned could claim compensation for the training it provided, unless the loaning club could prove it bore the training costs during the loan. This decision aimed to ensure fairness by recognizing the investment of both loaning and borrowing clubs in player development. The panel interpreted the term "former club" broadly to include clubs where the player was on loan, not just those with permanent contracts, to avoid disadvantaging clubs contributing to player development through loans. It also determined that the new permanent club (Internacional) was responsible for paying the training compensation, as any other conclusion would create impractical scenarios. The panel noted there are no fixed criteria for determining when a player’s training is complete, emphasizing factors like performance, salary, transfer value, public recognition, and national team involvement. The case originated when Hellas Verona filed a claim with FIFA’s DRC, which ruled in its favor, prompting Internacional to appeal to CAS. The CAS panel upheld the DRC’s decision, ordering Internacional to pay the compensation plus interest. The ruling reinforces the principle that loaning and borrowing clubs should be fairly compensated for their role in player development, ensuring equity in the system. The CAS dismissed Internacional’s appeal, confirming FIFA’s original decision and ordering Internacional to bear all procedural and legal costs. The decision aligns with established FIFA and CAS jurisprudence, maintaining consistency in the application of transfer regulations and supporting the broader objectives of the training compensation system. The case highlights the complexities of training compensation disputes, particularly regarding loan periods, and sets a precedent for similar cases. The ruling underscores the importance of fair compensation for clubs investing in player development, ensuring the system remains equitable and supportive of young talent. The appeal was dismissed in its entirety, and no further actions or appeals will be considered in this matter.

Share This Case