Arbitration CAS 2012/A/2711, 2712 & 2713 Hamrun Spartans FC v. Amsterdam FC, Club Quick Boys & Almere City FC, award of 10 July 2012

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1 Tribunal Arbitral du Sprt Curt f Arbitratin fr Sprt Arbitratin CAS 2012/A/2711, 2712 & 2713 Hamrun Spartans FC v. Amsterdam FC, Club Quick Bys & Almere City FC, Panel: Prf. Petrs Mavridis (Greece), President; Mr Efraim Barak (Israel); Mr Manfred Nan (The Netherlands) Ftball Training cmpensatin Amateur and prfessinal players under the FIFA RSTP Interpretatin f the written emplyment cntract under Article 2 RSTP Internatinal transfers and nn-literal transpsitin f Article 2 RSTP int the rules f the natinal federatin Internatinal transfers within the EU/EEA 1. Accrding t the FIFA Regulatins n the Status and Transfer f Players (RSTP), the players are either amateur r prfessinal. There is n space fr a third, r hybrid categry. The definitin f prfessinal in the RSTP is clear: t be a prfessinal, the player must meet tw cumulative requirements: a) he must have a written emplyment cntract with a club and b) must be paid mre than the expenses he effectively incurs in return fr his ftballing activity. 2. The labur agreement under Article 2 RSTP shuld nt necessarily be registered as such by the interested assciatin. Otherwise a hybrid categry f players wuld be intrduced, that is, players with a written cntract and with a salary but wh are registered at their assciatin. In additin, nthing in the relevant FIFA rules indicates that the classificatin as a prfessinal is subject t a third cnditin, i.e. the effective registratin as such at the cncerned assciatin. Furthermre, the dr wuld be pened t abuses if the classificatin as a prfessinal and the derivative entitlement t training cmpensatin wuld be cnditinal upn the assciatin t effectively register the player as a prfessinal. 3. In a case related t an internatinal transfer and the cnsequences f the registratin f a player pursuant t such transfer, the status f the player has t be analysed exclusively based n the relevant FIFA rules. There is n rm fr the applicatin in such a case f different natinal rules. Pursuant t the rules f the RSTP, a natinal federatin is bliged t literally transpse article 2 f the RSTP. The mere fact that a natinal federatin registers a player in a way incnsistent with the requirements f the RSTP (e.g. because a club did nt infrm the natinal federatin that it cncluded an emplyment cntract with a player) shuld nt affect the decisin as t the true status f the player and shuld nt remve the player frm the scpe f the FIFA regulatins and the criteria established in article 2 f the RSTP. As a result, the RSTP, and in particular its article 2, verride pssible cnflicting natinal rules.

2 2 4. In the presence f transfers within the EU/EEA, special prvisins apply. They are the result f the understanding reached between FIFA and UEFA n the ne hand and the Eurpean Unin n the ther in March This has been frmalised thrugh Article 6 f Annex 4 t the RSTP. I. PARTIES 1. Hamrun Spartans FC is a ftball club, registered in Hamrun, Malta. It is a member f the Malta Ftball Assciatin ( MFA ), itself affiliated t the Fédératin Internatinale de Ftball Assciatin ( FIFA ) since Amsterdam FC is a ftball club registered in Amsterdam, the Netherlands. It is a member f the Ryal Netherlands Sccer Federatin (Kninklijke Nederlandse Vetbalbnd - KNVB), which has been affiliated t FIFA since Almere City FC, frmerly named FC Omniwrld, is a ftball club registered in Almere, the Netherlands. It is als a member f the KNVB. 4. Club Quick Bys is a ftball club registered in Katwijk, the Netherlands. It is als a member f the KNVB. II. II.1 FACTUAL BACKGROUND The cntracts signed by the Player 5. The player S. (hereinafter the Player ) is f Dutch natinality and was brn n 10 August The issues t be addressed in the present prceedings are: the time perid when the Player trained and played; the identity f the club fr which he played; and the pint in time when he turned prfessinal. 7. With regard t these issues and in supprt f their respective allegatins, the parties have prduced several player passprts cntaining cntradictry infrmatin: Annexe 5 t the appeal brief Club Assciatin Frm until Status Amsterdam FC KNVB Amateur FC Omniwrld KNVB Amateur Club Quick Bys KNVB Amateur

3 3 Annexe 8 t the appeal brief Club Assciatin Frm until Status Amsterdam FC KNVB Amateur FC Omniwrld KNVB Amateur Club Quick Bys KNVB Amateur Hamrun Spartans MFA Signed his first Prfessinal FC cntract n Annexe 1 t the answer Club Assciatin Frm until Status Amsterdam FC KNVB Amateur Almere City FC KNVB Amateur Club Quick Bys KNVB Amateur Hamrun Spartans MFA Signed his first Prfessinal FC cntract n In a written statement dated 3 February 2012, the Player cnfirmed the fllwing: He was registered with Amsterdam FC frm summer 2002 t May 2004 but sustained a serius injury, which prevented him frm playing ftball in September After this incident, he did nt return t this club. Between the seasns 2004/2005 and 2007/2008, he was registered with Almere FC. Hwever: he started t play and train fr this club in January 2004, i.e. when he recvered frm the abve-mentined injury; between August 2004 and January 2005 and between September 2007 and January 2008, he was unable t play r train fr varius health reasns; he left the club in January 2008 and did nt play ftball until the end f the seasn. Fr the 2008/2009 seasn, he signed a cntract with Club Quick Bys, effective frm 1 August The agreed salary was EUR 625 per mnth. He was als entitled t match bnuses (EUR 75 fr every pints and EUR 100 fr match appearances) as well as a

4 4 cmpensatin fr his travelling expenses. The cntract was terminated by mutual agreement in the middle f Nvember This statement was supprted by the fllwing evidence: A bank statement which cnfirms the credit entry f: EUR 625 (entitled mnthly remuneratin ) paid by Club Quick Bys n 25 September and 24 Octber 2008; EUR 395 and EUR paid by Club Quick Bys respectively n 01 September 2008 (under the title remuneratin and remittance ) and 31 December 2008 (under the title remittance 2nd half 2008 ). A cpy f a cntract, which was a fix-term agreement, effective frm 1 August 2008 until 31 May This dcument reads as fllws where pertinent: The parties wish t enter int an emplyment agreement with each ther ( ) Frm 1 August 2008, the Player will enter the emplyment f Quick Bys in the psitin f ftball player. ( ) Neither Party may terminate this emplyment agreement prematurely. ( ) The wrking hurs amunt t, n average, 8 hurs a week and will partly depend n Quick Bys match and training schedule. ( ) Fr the duratin f this emplyment agreement, the Player will receive a salary f 6, grss per seasn frm Quick Bys. ( ) In additin the Player will receive a fixed expense allwance f 1, net per seasn, as well as a cmmuting allwance f 4,856,00 net per seasn. ( ) The Player will receive an additinal starting line-up fee f grss per match fr every time he is in the starting line-up ( ) [and] an additinal fee f grss fr every cmpetitin pint Quick Bys 1 achieves in a cmpetitin, prvided that the Player is part f the selectin f Quick Bys 1 that has achieved these cmpetitin pints. ( ) In additin, the Player will receive a cntributin f 75,00 per seasn twards the purchase f ftball bts ( ). 9. In a written statement dated 9 March 2012, Mr Jeffrey Kistra, technical directr f Almere City FC between July 2005 and June 2010, made the fllwing declaratin: ( ) S. played fr this club till 30 June f S. was nt injured fr a perid f tw years. During the perid September 2003 and January 2005 he played several sccer matches fr FC Omniwrld / Almere City FC.

5 5 At the mment S. had the intentin t make a transfer t Hamrun Spartans, I have infrmed this club abut a pssible educatin cmpensatin they have t pay t FC Omniwrld / Almere City FC. Hamrun Spartans declared t us that they have less mney. Therefre I send them the infrmatin abut the cmpensatin, s that Hamrun Spartans has enjyed the benefit f this educatin cmpensatin they have t pay t FC Omniwrld / Almere City FC. 10. On 2 January 2009, Hamrun Spartans FC signed with the Player an emplyment cntract whereby it has been agreed that the Player is being engaged by the Club as full-time nn-amateur player fr seasn 2008/2009, cmmencing frm the date f this cntract. Accrding t the terms f this dcument, the Player was entitled t receive, inter alia, a mnthly salary f EUR 700 as well as a mnthly payment f EUR 650 t cver his general expenses. 11. On 9 Nvember 2009 and in light f the fact that that the emplyment cntract signed n 2 January 2009 was the first prfessinal cntract signed by the Player, the KNVB requested the MFA t invite its affiliate, Hamrun Spartans FC, t pay the fllwing training cmpensatins: t Amsterdam FC: EUR 30,000.-; t Almere City FC: EUR 120,000.-; t Club Quick Bys: EUR 8, II.2. The Prceedings Befre The FIFA Dispute Reslutin Chamber 12. On 26 March 2010, Amsterdam FC, Almere City and Club Quick Bys initiated separate prceedings with FIFA t rder Hamrun Spartans FC t pay t them the training cmpensatin indicated by the KNVB in its letter dated 9 Nvember In three separate decisins dated 7 April 2011, the FIFA Dispute Reslutin Chamber (hereinafter the DRC ) held that since it was, in principle, nt cntested that the player was registered with [Hamrun Spartans FC] fr the first time as a prfessinal, the Chamber deemed that the triggering element fr the entitlement f [the Respndents] t claim training cmpensatin, as established in art. 2 f Annexe 4 f the Regulatins, was fulfilled. 14. The DRC dismissed all the arguments put frward by Hamrun Spartans FC and awarded training cmpensatin t Amsterdam FC, Almere City and Club Quick Bys based upn: the fact that Hamrun Spartans FC belnged t the categry III (under the terms f the applicable FIFA Regulatins n the Status and Transfer f Players), Amsterdam FC t the categry IV, Almere City t the categry III and Club Quick Bys t the categry IV; the number f mnths that it cnsidered the Player had been registered with each f the clubs, i.e.:

6 6 between 1 June 2002 and 31 May 2004 with Amsterdam FC, that is 1 mnth f the seasn f the player s 14 th birthday, the entire seasn f the player s 15 th birthday as well as 11 mnth f the seasn f the player s 16 th birthday ; between 1 August 2004 and 25 June 2008 with Almere City FC, that is 11 mnths during the seasn f the player s 17 th birthday as well as the entire seasns f the player s 18 th, 19 th and 20 th birthdays ; between 26 June 2008 and 20 Nvember 2008 with Club Quick Bys, that is 5 mnths f the seasn f the player s 21 st birthday ; the parameters and indicative amunts reflected in Annex 4 f the applicable FIFA Regulatins n the Status and Transfer f Players. 15. Cnsequently, n 7 April 2011 and with three separate decisins, the DRC rdered Hamrun Spartans FC t pay t: Amsterdam FC the amunt f EUR 29,166, plus interest at a rate f 5% p.a. as frm 2 February 2009 until the date f effective payment, within 30 days as frm the date f ntificatin f the present decisin ; Almere City FC the amunt f EUR 117,500, plus interest at a rate f 5% p.a. as frm 2 February 2009 until the date f effective payment, within 30 days as frm the date f ntificatin f the present decisin ; Club Quick Bys the amunt f EUR 8,333, plus interest at a rate f 5% p.a. as frm 2 February 2009 until the date f effective payment, within 30 days as frm the date f ntificatin f the present decisin. 16. On 11 January 2012, Hamrun Spartans FC was ntified f the three decisins issued by the DRC. III. III.1 PROCEEDINGS BEFORE THE COURT OF ARBITRATION FOR SPORT The Appeal 17. On 31 January 2012, Hamrun Spartans FC filed a statement f appeal with the Curt f Arbitratin fr Sprt (hereinafter CAS ) against each f the decisins issued by the DRC in relatin with the training cmpensatin awarded t Amsterdam FC (CAS 2012/A/2711), t Club Quick Bys (CAS 2012/A/2712) and t Almere City FC (CAS 2012/A/2713). 18. On 8 February 2012, the CAS Curt Office infrmed the parties that since they had all agreed t the cnslidatin f their respective appeals, all three wuld be referred t the same panel.

7 7 19. On 21 February 2011, Hamrun Spartans FC submitted an appeal brief, cntaining a statement f the facts and legal arguments accmpanied by supprting dcuments and seeking the fllwing relief: Therefre, the Appellant hereby respectfully requests CAS t rule: Primary: 1) The appeal f Hamrun Spartans FC is upheld and the three appealed decisins f the FIFA Dispute Reslutin Chamber dated 7 April 2011 are set aside. 2) N training cmpensatin fr the player S. shall be paid by Hamrun Spartans FC t the Respndent 1. 3) N training cmpensatin fr the player S. shall be paid by Hamrun Spartans FC t the Respndent 2. 4) N training cmpensatin fr the player S. shall be paid by Hamrun Spartans FC t the Respndent 3. 5) The csts f the prceedings shall be brne by the Respndents. 6) The Respndents shall pay a sum determined by CAS t Hamrun Spartans FC as a cntributin f its legal fees. Subsidiary: 1) The appeal f Hamrun Spartans FC is upheld and the three appealed decisins f the FIFA Dispute Reslutin Chamber dated 7 April 2011 are set aside. 2) The amunt f training cmpensatin fr the player S. determined by the FIFA Dispute Reslutin Chamber t be paid t Respndent 1 shall be reduced. 3) The amunt f training cmpensatin fr the player S. determined by the FIFA Dispute Reslutin Chamber t be paid t Respndent 2 shall be reduced. 4) The amunt f training cmpensatin fr the player S. determined by the FIFA Dispute Reslutin Chamber t be paid t Respndent 3 shall be reduced. 5) The csts f the prceedings shall be brne by the Respndents. 6) The Respndents shall pay a sum determined by CAS t Hamrun Spartans FC as a cntributin f its legal fees. 20. The submissins f Hamrun Spartans FC, in essence, may be summarized as fllws: Almere City FC is nt mentined n the player passprts as ne f the training clubs f the Player. During the prceedings befre FIFA, it als failed t establish that it actually trained the Player. Almere City FC is therefre nt entitled t any training cmpensatin.

8 8 The Player signed a prfessinal cntract with Club Quick Bys befre he jined Hamrun Spartans FC. It must be cncluded that the Player did nt sign his first prfessinal cntract with [Hamrun Spartans FC] and therefre the Respndents are nt entitled t training cmpensatin. [Club Quick Bys] did nt ffer a cntract t the Player and did nt shw any interest in keeping the Player fr the rest f the seasn 2008/2009. Cnsequently and based n article 6 f annexe 4 f the applicable Regulatins fr the Status and Transfer f Players, Club Quick Bys is nt entitled t training cmpensatin. Neither Amsterdam FC nr Almere City FC shwed any interest in keeping the Player r ffered him a cntract. Cnsequently, they are als nt entitled t any training cmpensatin. There is bviusly cnflicting infrmatin in the varius player passprts issued by the KNVB. Taking int accunt the varius perid during which the Player was prevented frm playing because f health issues, the effective training perids t take int cnsideratin are the fllwing nes: Club Frm Until Perid Amsterdam FC September 2002 September mnths Omniwrld FC January 2005 August mnths Club Quick Bys ½ mnths Hamrun Spartans FC January 2009 May mnths The DRC stressed ut that the decisive mment t establish the relevant categry f the club is the date f registratin f the player with [Hamrun Spartans FC] and rejected [Hamrun Spartans FC] s argument that the club was relegated t the First Divisin after the seasn 2008/2009. Hwever, the DRC wrngly did nt take int accunt that during the perid fr which training cmpensatin is claimed (1 June Nvember 2008), [Hamrun Spartans FC] did nt belng ver the whle perid t the categry 3. The training cmpensatins awarded by the DRC are excessive and disprprtinate. III.2 The Answer 21. On 14 March 2012, Amsterdam FC, Almere City FC and Club Quick Bys (hereinafter als referred t as the Respndents ) submitted a jint answer, with the fllwing request fr relief:

9 9 IT IS THEREFORE THAT RESPONDENTS REQUEST THE COURT OF ARBITRATION FOR SPORT T decide that the decisins made by the Dispute Reslutin Chamber dated 7 April 2011 ( ) regarding the training cmpensatin fr the Player S. be upheld, t the effect that there is training cmpensatin fr training and educatin f the Player as mentined in the RSTP payable by [Hamrun Spartans FC] t: [Amsterdam FC] in the amunt f EUR 29,166; [Almere City FC] in the amunt f EUR 117,500; and [Club Quick Bys] in the amunt f EUR 8, T decide that [Hamrun Spartans FC] has t pay legal interest and the rate f 5% r such ther rate as t be determined in gd justice as frm 2 February 2009 until the date f receipt by Respndents. T decide that [Hamrun Spartans FC] shall be liable fr all csts and expenses incurred by the Respndents as result f the prceedings befre FIFA (including reimbursement f the advance f csts t be paid t FIFA in the prcedure befre FIFA) as well as all csts fr bringing this appeal including the csts and expenses f the CAS. T decide that said payments are nt subject t suspensin fr any reasn and have t be effected within five business days after the date f receiving f the decisin f CAS ( ) T decide t impse disciplinary measures in the event the decisin f CAS is nt bserved by [Hamrun Spartans FC]. 22. The Respndents submissins, in essence, may be summarized as fllws: The player passprt t be taken int cnsideratin is the ne referred t as Annex 1 t the answer under 7 abve. Accrding t this dcument, the Player was always registered as an amateur, when playing and training with the Respndents. Hamrun Spartans FC cannt derive any right frm the fact that the KNVB issued several player passprts with incnsistent infrmatin, as it is its wn respnsibility t find ut exactly where, when and fr whm the Player played. This is cnfirmed by the FIFA Cmmentary n the Regulatins fr the Status and Transfer f Players, accrding t which player passprts are nly there t assist in tracing the sprting histry f the players. As it results frm Mr Jeffrey Kistra s statement, the Player has never been prevented frm playing r training fr health reasns. Respndents hld that the Player was prperly and effectively trained with [Almere City FC] during the perid as frm 1 August 2004 until 25 June The Player signed his first prfessinal cntract with Hamrun Spartans FC n 2 January 2009.

10 10 FC Omniwrld was the frmer name f Almere City FC, which is therefre entitled t the training cmpensatin assciated with the training perid running between 1 August 2004 and 25 June Pursuant t the applicable regulatins, a player is prfessinal nly if he meets the fllwing tw cumulative requirements: he must a) have a written emplyment cntract with a club; and b) be paid mre than the expenses (e.g., transprt, equipment etc.) he effectively incurs in rder t perfrm his ftball activity. In the present case and while he was playing fr the Respndents, the Player has never met bth cnditins. There is n written cntract in the sense f Article 2 f the RSTP and the Player did nt receive remuneratin that exceeded the csts he effectively incurred. It is f the utmst imprtance t emphasise that the written cntract in rder t be established that this criterin is fulfilled, is actually registered with the natinal assciatin as a prfessinal. Club Quick Bys was an amateur club and as such was nt allwed under the regulatins f the KNVB t enter int a prfessinal cntract with a player. Therefre, n written cntract was (and culd have been) registered with the KNVB. In additin, the fact that Hamrun Spartans FC did nt pay any transfer cmpensatin t [Club Quick Bys] leads t the cnclusin that the Player did nt have a written cntract in the meaning f Article 2 f the RSTP. While playing with Club Quick Bys, the Player did nt receive remuneratin that exceed the actual csts he incurred. The Player had csts, such as travel csts, expenses allwances, etc. He lived in Almere and had t travel fur times a week t Katwijk. In ther wrds, the Player had substantial travel csts. The Player was nly entitled t receive a mnthly remuneratin in the amunt f EUR 625,00 which actually crrespnded t his actual csts he effectively incurred. Article 6 3 f Annex 4 f the Regulatins fr the Status and Transfer f Players cannt be ppsed t the Respndents fr the fllwing reasns: Only a club which already had a cntract with a player is bliged t ffer a new cntract if it intends t keep its right t training cmpensatin in future. Accrding t Respndents, it can thus be cncluded that [Club Quick Bys] did nt have the bligatin t ffer a cntract t the Player. Fllwing cnstant jurisprudence f the DRC and CAS, the bligatin t ffer a prfessinal cntract t ne f its players, des nt apply t pure amateur clubs, such as Club Quick Bys. The DRC crrectly calculated the training cmpensatins t be paid t the Respndents and Hamrun Spartans FC has nt discharged its burden f prf with regard t its allegatin that the amunts awarded are disprprtinate.

11 11 III.3 The cnstitutin f the Panel 23. On 6 March 2012, the parties were infrmed by the CAS Curt Office that the Panel in charge t decide the present dispute was cnstituted as fllws: Mr Petrs C. Mavridis, prfessr f law, in Cmmugny, Switzerland, President f the Panel, Mr Efraim Barak, attrney-at-law in Tel Aviv, Israel, arbitratr designated by Hamrun Spartans FC and Mr Manfred Nan, attrneyat-law in Arnhem, the Netherlands, arbitratr nminated by the Respndents. III.4 Hearing 24. The parties cnfirmed t the CAS Curt Office that they agreed t waive a hearing. 25. In the abve circumstances and pursuant t article R57 f the Cde f Sprt-related Arbitratin (hereinafter Cde ), the Panel decided t refrain frm hlding a hearing. IV. IV.1 DISCUSSION CAS Jurisdictin 26. The jurisdictin f CAS, which is nt disputed, derives frm articles 62 et seq. f the FIFA Statutes and article R47 f the Cde. 27. It fllws that the CAS has jurisdictin t decide n the present dispute. IV.2 Applicable Law 28. Article R58 f the Cde prvides the fllwing: The Panel shall decide the dispute accrding t the applicable regulatins and the rules f law chsen by the parties r, in the absence f such a chice, accrding t the law f the cuntry in which the federatin, assciatin r sprts-related bdy which has issued the challenged decisin is dmiciled r accrding t the rules f law, the applicatin f which the Panel deems apprpriate. In the latter case, the Panel shall give reasns fr its decisin. 29. Pursuant t article 62 2 f the FIFA Statutes, [t]he prvisins f the CAS Cde f Sprts-Related Arbitratin shall apply t the prceedings. CAS shall primarily apply the varius regulatins f FIFA and, additinally, Swiss law. 30. As a result, subject t the primacy f applicable FIFA s regulatins, Swiss Law shall apply cmplementarily. This was expressly accepted by the parties in their respective submissins. 31. The relevant cntracts at the basis f the present case were signed after 1 January 2008, which is the date when the revised FIFA Regulatins n the Status and Transfer f Players (i.e. the editin 2008) came int frce (hereinafter referred t as the RSTP ). Pursuant t article 26 1 and 2 f the regulatins, the case shall be assessed accrding t the RSTP.

12 12 IV.3 Admissibility 32. The appeals were filed within the deadline prvided by the FIFA Statutes and stated in the decisins issued by the DRC. They cmplied with all the ther requirements f article R48 f the Cde. 33. It fllws that the appeals are admissible. IV.4 Merits 34. The main issues t be reslved by the Panel in deciding this dispute are the fllwing: Was the Player a prfessinal befre he jined Hamrun Spartans FC? Are the Respndents entitled t training cmpensatin? A. Was the Player a prfessinal befre he jined the Appellant? 35. On the ne hand, Hamrun Spartans FC claims that the Player signed his first cntract as a prfessinal with Club Quick Bys. 36. On the ther hand, the Respndents submit that Club Quick Bys was an amateur club and as such was nt allwed - under the regulatins f the KNVB - t enter int a prfessinal cntract with a player. Hence, they are f the pinin that the requirement f a written cntract laid ut in article 2 f the RSTP is nt fulfilled. In additin, they cntend that the Player did nt receive frm Club Quick Bys a remuneratin, which exceeded the csts he effectively incurred. Finally, they assert that the absence f any transfer fee between Club Quick Bys and Hamrun Spartans FC leads t the cnclusin that the Player did nt have a written cntract in the meaning f Article 2 f the RSTP. 1. In general 37. Accrding t article 2 par. 2 f the RSTP, A prfessinal is a player wh has a written cntract with a club and is paid mre fr his ftballing activity than the expenses he effectively incurs. All ther players are cnsidered t be amateurs. 38. Pursuant t article 5 par. 2, first sentence f the RSTP, A player must be registered at an assciatin t play fr a club as either a prfessinal r an amateur in accrdance with the prvisins f article In ther wrds, the players are either amateur r prfessinal. There is n space fr a third, r hybrid categry (CAS 2006/A/1177, par ; CAS 2009/A/1781, par. 8.13; CAS 2008/A/1739, par. 92). 40. The definitin f prfessinal in the RSTP is clear (see FIFA Cmmentary n the RSTP, ad art. 2). As stated supra, t be a prfessinal, the Player must meet tw cumulative

13 13 requirements: a) he must have a written emplyment cntract with a club and b) must be paid mre than the expenses he effectively incurs in return fr his ftballing activity (TAS 2009/A/1895). 2. In particular 41. It is undisputed that the Player was registered as a prfessinal with Hamrun Spartans FC. 42. It is hence fr the Panel t decide whether the tw cnditins set in article 2 par. 2 f the RSTP were fulfilled, while the Player was registered with Club Quick Bys. a) Is there a written cntract between the Player and Club Quick Bys? 43. On 23 April 2012 and in respnse t the Panel s request, the Respndents prvided a cpy f the written cntract signed n 13 August 2008 between the Player and Club Quick Bys. Accrding t the terms f this dcument, the parties t the said cntract entered int an emplyment agreement. 44. The Respndents cntend that the mere fact that the Player and Club Quick Bys signed an emplyment agreement is irrelevant. Accrding t them, in rder t be qualified as a written cntract under article 2 f the RSTP, the labur agreement has t be registered as such by the interested assciatin, which was and culd nt have been the case, as the regulatins f the KNVB at that time prhibit amateur clubs, such as Club Quick Bys, t enter int a prfessinal labur agreement. In additin, the Respndents pint ut that the Player was always registered as an amateur at the KNVB. 45. The Panel bserves that the Respndents interpretatin f article 2 2 f the RSTP is nt supprted by the plain wrding f this prvisin. If the Respndents arguments in this respect were t be fllwed, we wuld be actually intrducing a hybrid categry f players, that is, players with a written cntract and with a salary but wh are registered as amateur at their assciatin, qud nn. In additin, nthing in the relevant FIFA rules indicates that the classificatin as a prfessinal is subject t a third cnditin, i.e. the effective registratin as such at the cncerned assciatin. 46. Furthermre, the dr wuld be pened t abuses if the classificatin as a prfessinal and the derivative entitlement t training cmpensatin wuld be cnditinal upn the assciatin t effectively register the player as a prfessinal. This is particularly true in the presence f a: club such as Club Quick Bys, which failed t cmply with the regulatins f its wn assciatin (i.e. signed a prfessinal cntract with a player despite the fact that it was nt suppsed t); assciatin such as the KNVB which failed t register a player as prfessinal, irrespective f the questin whether the requirements f article 2 par. 2 f the RSTP are met.

14 In this regard, it shuld be nted that in case the dispute is related t an internatinal transfer and the cnsequences f the registratin f the Player pursuant t such transfer, the status f the player has t be analysed exclusively based n the relevant FIFA rules. There is n rm fr the applicatin in such a case f different natinal rules. Pursuant t articles 1 3, litt. a) and 26 3 f the RSTP, a natinal federatin is bliged t literally transpse article 2 f the RSTP. The mere fact that a natinal federatin registers a player in a way incnsistent with the requirements f the RSTP (e.g. because a club did nt infrm the natinal federatin that it cncluded an emplyment cntract with a player) shuld nt affect the decisin as t the true status f the Player and shuld nt remve the Player frm the scpe f the FIFA regulatins and the criteria established in article 2 f the RSTP (CAS 2007/A/1370 & 1376, CAS 2008/A/1781, 8.25). As a result, the RSTP, and in particular its article 2, verride pssible cnflicting natinal rules. 48. Based n the freging, the Respndents cannt derive any right frm the fact that Club Quick Bys signed an emplyment cntract with the Player in vilatin f the regulatins f the KNVB. In the view f the Panel, it cannt be denied that the Player had a written cntract with Club Quick Bys, as prvided by article 2 2 f the RSTP. b) When playing fr Club Quick Bys, was the Player paid mre fr his ftballing activity than the expenses he effectively incurred? 49. The Respndents submit that the Player was nly entitled t receive a mnthly remuneratin f EUR 625 just sufficient t cver his travelling expenses. They claim that the amunts received by the Player actually crrespnded t his actual csts he effectively incurred. 50. It results frm the cntract signed by Club Quick Bys and the Player that the latter was entitled t mnthly wages (EUR 650 grss per mnth fr 8 hurs a week), fixed expenses allwance (EUR 1,000 net per seasn), cmmuting allwance (EUR 4,856 net per seasn), line-up fees (EUR 125 per match). The Player was als eligible fr bnuses pursuant t an established payment scheme. In return the Player agreed t enter the emplyment f Quick Bys (article 1.1), nt t terminate this emplyment agreement prematurely (article 1.4), t wrk 8 hurs a week fr Club Quick Bys (article 2.1), t keep himself available fr Quick Bys first, secnd and third team (article 4.1), t take part in ne r mre training camps t be rganised by Quick Bys (article 4.2), t nt g n a hliday during the seasn (article 4.5), t be present during training and match days (article 4.4), t make himself available fr public relatins invlvement and t wear spnsred clthing (articles 4.3, 4.6 and 4.7). 51. It has been established that between August and December 2008, Club Quick Bys paid at least twice the mnthly wage f EUR 625 as well as ther amunts ttalling EUR 1, In the view f the abve, the Panel finds that there was an emplyer-emplyee relatinship between the Player and Club Quick Bys. Frm the mment he signed the cntract, the Player agreed t perfrm services fr the club. A situatin f directinal cntrl, n the part f the Club, and subrdinatin, n the part f the Player, is clearly present. In cnsideratin fr his services, the Player was entitled nt nly t a mnthly wage and appearance bnuses in the event he played, but als enjyed ther rights and benefits. All these advantages clearly exceed

15 15 the categry f cst reimbursements described in article 2 2 f the RSTP. In additin and cntrary t the Respndents allegatins, the sum f EUR 625 paid t the Player was nt meant t cver his travel expenditures, since extra cmmuting allwance was anyway due t the Player beynd the mnthly allwance. 3. In cnclusin 53. Based n the relevant FIFA regulatins, the Panel cncludes that the status f the Player at the time he was registered with Club Quick Bys was that f a prfessinal. B. Are the Respndents entitled t training cmpensatin? 54. The situatin f Amsterdam FC and f Almere City FC is fundamentally different frm the ne f Club Quick Bys. 1. Regarding Amsterdam FC and Almere City FC 55. Article 20 f the RSTP prvides the fllwing: Training cmpensatin shall be paid t a player s training club(s): (1) when a player signs his first cntract as a prfessinal and (2) each time a prfessinal is transferred until the end f the seasn f his 23rd birthday. The bligatin t pay training cmpensatin arises whether the transfer takes place during r at the end f the player s cntract. The prvisins cncerning training cmpensatin are set ut in Annexe 4 f these regulatins. 56. Pursuant t article 3 1 f annex 4 t the RSTP: On registering as a prfessinal fr the first time, the club with which the player is registered is respnsible fr paying training cmpensatin within 30 days f registratin t every club with which the player has previusly been registered (in accrdance with the players career histry as prvided in the player passprt) and that has cntributed t his training starting frm the seasn f his 12th birthday. The amunt payable is calculated n a pr rata basis accrding t the perid f training that the player spent with each club. In the case f subsequent transfers f the prfessinal, training cmpensatin will nly be wed t his frmer club fr the time he was effectively trained by that club. 57. Fr the reasns expsed here abve, the Player signed his first prfessinal cntract with Club Quick Bys. 58. Hwever, the Respndents argue that the Player was registered as an amateur with the KNVB and was nly frmally registered fr the first time as a prfessinal when he jined Hamrun Spartans FC. They suggest that it is the first frmal registratin as a prfessinal, which shuld be taken int accunt. 59. The Panel finds this argument uncnvincing and, in this regard, endrses the psitin articulated in CAS 2008/A/1781 ( 8.24)

16 16 ( ) Undeniable, there is an incnsistency in the wrding used in the RSTP. While Art. 20 refers t the signing f the first prfessinal agreement as the trigger element fr paying f training cmpensatin, Article 2 para. 1 and Article 3 para. 1 f Annex 4 refers t the first registratin as a prfessinal as the trigger element fr payment. Nevertheless, it is the Sle Arbitratr s view that the articles f Annex 4 are mainly fcused n the prcedure fr payment and therefre refer t registratin, being an easily identifiable element. Hwever, the principle can be fund by reading Article 20 tgether with Article 5 f the 2005 RSTP. Article 5 requires that the registratin will reflect the true status f the player, and thus states clearly that the registratin shuld adhere t the criteria f Article 2. The assumptin f the regulatins is that a Player will indeed be registered in a manner that cmplies with the criteria cntained in Article 2 and therefre, under this assumptin, there can be n distinctin between the signing f the first prfessinal cntract and the registratin fr the first time as a prfessinal. 60. Based n article 20 f the RSTP as well as n article 3 1, last sentence f Annex 4 t the RSTP and cnsidering that the Player signed his first prfessinal cntract with Club Quick Bys, neither Amsterdam FC nr Almere City FC are entitled t claim any training cmpensatin frm Hamrun Spartans FC. 2. Regarding Club Quick Bys 61. As a general rule and based n article 3 1, last sentence f Annex 4 t the RSTP, Club Quick Bys shuld be entitled t claim training cmpensatin fr the time it effectively trained the Player. This hwever, wuld have been the case had the transfer f the Player nt taken place between tw clubs within the EU/EEA. 62. In the presence f transfers within the EU/EEA, special prvisins apply. They are the result f the understanding reached between FIFA and UEFA n the ne hand and the Eurpean Unin n the ther in March 2001 (see FIFA Cmmentary n the RSTP, ad art. 6 f annexe 4 t the RSTP). This has been frmalised thrugh article 6 f Annex 4 t the RSTP, which reads as fllws: Article 6 Special prvisins fr the EU/EEA 1. Fr players mving frm ne assciatin t anther inside the territry f the EU/EEA, the amunt f training cmpensatin payable shall be established based n the fllwing: a) If the player mves frm a lwer t a higher categry club, the calculatin shall be based n the average training csts f the tw clubs; b) If the player mves frm a higher t a lwer categry, the calculatin shall be based n the training csts f the lwer categry club. 2. Inside the EU/EEA, the final seasn f training may ccur befre the seasn f the player s 21st birthday if it is established that the player cmpleted his training befre that time. 3. If the frmer club des nt ffer the player a cntract, n training cmpensatin is payable unless the frmer club can justify that it is entitled t such cmpensatin. The frmer club must ffer the player a cntract in writing

17 17 via registered pst at least 60 days befre the expiry f his current cntract. Such an ffer shall furthermre be at least f an equivalent value t the current cntract. This prvisin is withut prejudice t the right t training cmpensatin f the player s previus club(s). 63. Regarding the relatinship between the Player and Club Quick Bys, it is undisputed that: the cntract signed in August 2008 between Club Quick Bys and the Player was prematurely terminated by mutual agreement; subsequently, Club Quick Bys has never ffered the Player a new cntract; after he left Club Quick Bys, the Player was registered with Hamrun Spartans FC, which is a member f the MFA; the MFA and the KNVB are tw distinct assciatins within the EU. 64. It results frm the freging, that Club Quick Bys did nt shw any interest in keeping the Player and had n intentin t ffer him a new emplyment cntract r t cntinue its relatinship with the Player. Since the Player mved t anther club within the EU/EEA, Club Quick Bys lst its entitlement t training cmpensatin. 65. The Respndents cntend that article 6 f Annex 4 t the RSTP cannt be held against them since the KNVB regulatins prhibit an amateur club such as Club Quick Bys t actually enter int a labur agreement with a player. 66. Hwever, the Panel bserves that the KNVB regulatins which prhibited Club Quick Bys t enter int a labur agreement with the Player - did nt discurage Club Quick Bys t actually sign an emplyment cntract with the Player in August Under these circumstances, the Panel des nt see why Club Quick Bys was nt in a psitin t sign a new cntract with the Player if it s wished. At any rate, and fr all the reasns already expsed, pssible cnflicting prvisins at natinal level cannt verride FIFA binding rules, amng which article 6 f Annex 4 t the RSTP. Hence, the Respndents argumentatin must be disregarded withut further cnsideratin. 3. Cnclusin 67. In view f the abve, and especially because the transfer ccurred between tw clubs belnging t EU/EEA, the Panel hlds that Hamrun Spartans has n bligatin t pay any training cmpensatin t Amsterdam FC, Almere City and Club Quick Bys in relatin with the Player. 68. This cnclusin makes it unnecessary fr the Panel t cnsider the ther requests submitted by the parties. Accrdingly, all ther prayers fr relief are rejected.

18 18 ON THESE GROUNDS The Curt f Arbitratin fr Sprt rules: 1. The appeals filed by Hamrun Spartans FC against the decisins issued by the FIFA Dispute Reslutin Chamber n 7 April 2011, registered in the CAS rll under the reference numbers CAS 2012/A/2711, CAS 2012/A/2712 and CAS 2012/A/2713, are upheld. 2. The decisins issued by the FIFA Dispute Reslutin Chamber n 7 April 2011, registered in the CAS rll under the reference numbers CAS 2012/A/2711, CAS 2012/A/2712 and CAS 2012/A/2713 are set aside. 3. Hamrun Spartans has n bligatin t pay any training cmpensatin t Amsterdam FC, Almere City and Club Quick Bys in relatin with the Player, S. 4. ( ). 5. ( ). 6. All ther claims are dismissed.