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2019 Football Contractual litigations Dismissed English Appeal Procedure

Parties & Representatives

Appellant: AC Oulu
Appellant Representative: Hannu Kalkas
Respondent: Way Out Academy
Respondent Representative: Paulo Teixeira

Arbitrators

President: Fabio Iudica

Decision Information

Decision Date: December 11, 2019

Case Summary

The case involves a dispute between AC Oulu and Way Out Academy over training compensation for a football player, G., whose professional status was contested. The dispute originated from FIFA's Dispute Resolution Chamber (DRC), which ruled in favor of Way Out Academy, ordering AC Oulu to pay EUR 30,000 in training compensation. The decision was based on the player passport, which documented G.'s amateur registration with Way Out Academy before his professional registration with AC Oulu. AC Oulu appealed to the Court of Arbitration for Sport (CAS), arguing that G. had already been a professional with Victoria United, citing a Letter of Release. However, the player passport, considered the authoritative record, contradicted this claim, showing G. had been an amateur with Victoria United and Way Out Academy.

The CAS proceedings highlighted the adversarial nature of the dispute, with both parties presenting evidence and testimonies. AC Oulu relied on the Letter of Release and G.'s testimony, while Way Out Academy emphasized the player passport and official records from FECAFOOT, Cameroon's football federation. The Sole Arbitrator ruled that AC Oulu failed to provide sufficient evidence to counter the player passport's accuracy, such as G.'s employment contract with Victoria United or proof of payments exceeding living expenses, which would confirm professional status. The arbitrator underscored the importance of due diligence in verifying player histories and the player passport's role in determining training compensation.

The final decision upheld FIFA's initial ruling, confirming AC Oulu's obligation to pay the training compensation. The arbitrator dismissed AC Oulu's appeal, stating that the player passport took precedence over other documents, and the club had not met its burden of proof. The case reaffirmed FIFA's regulations on training compensation and the procedural steps for resolving such disputes through FIFA and CAS. It also highlighted the risks clubs face when relying on incomplete or unverified documentation during player transfers. The ruling emphasized the need for clubs to thoroughly verify player registration histories to avoid similar disputes and financial liabilities. The decision was final and binding, closing the case with AC Oulu required to fulfill its financial obligation to Way Out Academy.

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