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Football-legal
23
Sep
2014
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Football Legal
CAS
Cases
International

CAS 2014/A/3500 FC Hradec Kralove v. Genoa Cricket and Football Club


Date of the decision: 2014-09-23
Arbitrator(s): José María Alonso Puig Margarita Echeverria Bermúdez Mika Palmgren

In cases of training compensation, the “disputed facts” in the meaning of Article 26 of the Regulations on the Status and Transfer of Players (RSTP) stand for the time during which a player trained with a club as an amateur.

Training compensation is determined by the time in which a player was a member of the club with which he trained as an amateur. The right to compensation is effectively born when a player signs his first professional contract or, eventually, when - as a professional - a player is transferred between clubs of different associations before the end of the season of his 23rd birthday. However, the amount of compensation must be determined by the regulations that were in place at the time during which a player trained with his club of origin, irrespective of future changes.

Facts/Procedure

Between the ages of 10 and 15 years, the Czech amateur football player L. educated and trained with FC Hradec during the sporting seasons of 2004-2005 to 2008-2009. On 18 August 2009, the Player was loaned to SK Slavia Praha, another Czech club, where he remained until 2 September 2011.

The Player did not return to the FC Hradec following the period of his loan.

On 2 September 2011, the Player signed his first professional football contract with Genoa FC, following which Genoa registered the Player on FIFA’s Transfer Matching System (FIFA TMS) indicating that it “engaged the player out of contract, free of payment from SK Slavia Praha.”

Thereafter, on 7...

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Topics
  • CAS
  • Solidarity mechanism
Keywords
  • Court of Arbitration for Sport (CAS)
  • FIFA Dispute Resolution Chamber (FIFA DRC)
  • Retroactivity
  • Training compensation
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