CAS 2012/A/2890 FC Nitra v. FC Banik Ostrava

Date of the decision: 2013-04-26

Arbitrator(s): Luigi Fumagalli Alasdair Bell Christian Jura

The special provisions on training compensation for a transfer inside the territory of the EU/EEA intend to subject training compensation to some conditions. In order to claim training compensation, the training club must have offered a contract to the player; or alternatively, if a contract has not been offered, the training club must otherwise justify its entitlement to training compensation. In order to justify entitlement to training compensation if a professional contract has not been offered, the training club should at least show a bona fide interest in retaining the services of the player for the future.

Facts/Procedure

The Player J. started to attend the training and vocational facilities offered by Nitra at the age of 6 and was registered with Nitra as an amateur player from the season 2002-2003 to the season 2008-2009 included. In the month of June 2009, the Player took part in the pre-season training with the A-team of Nitra, participating in some friendly matches.

On 8 July 2009, the Slovak Football Association (SFA) was requested by the Football Association of the Czech Republic (FACR) to issue an International Transfer Certificate for the transfer of the Player to Banik. On 15 July 2009, the Player was registered with the FACR as a player for Banik.

After an exchange of correspondence and negotiations between the...

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