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Football-legal
28
Apr
2016
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Football Legal
CAS
Cases
International

CAS 2015/A/4214 Nõmme JK Kalju v. FK Olimpic Sarajevo


Date of the decision: 2016-04-28
Arbitrator(s): Lars Hilliger

The fundamental role in establishing the entitlement of the clubs to training compensation that is played by the player’s passport naturally assume, as a general rule, that the information contained in the player’s passports is correct and adequate to ensure that the different stakeholders from the football community are able to rely in good faith on such information. However, errors may appear.

Regarding training compensation, the indicative amounts, as mentioned in the respective FIFA Circular Letters, are general average amounts supposed to facilitate the handling of transfer cases by making specific calculations unnecessary, thereby simplifying and speeding up the compensation and transfer process. However, there is always the chance to challenge these amounts and try to prove that the compensation is disproportionate.

Facts/Procedure

According to different player passports issued by the Football Federation of Bosnia & Herzegovina (FFBH), the Bosnian football player A. (the Player), born on 2 January 1993, was registered with the following Bosnian football clubs:

a. FK Novi Grad Sarajevo: as from 17 August 2005 until 30 July/5 August 2009 - as an amateur;

b. FK Olimpic Sarajevo: as from 5 August 2009 until 24 July 2012 - as a non-amateur (season 2009-2010 as from 1 August until 29 May, season 2010-2011 as from 31 July until 29 May, season 2011-2012 as from 6 August until 23 May);

c. Famos: as from 10 August 2012 until 16 January 2013 (inconsistent information).

On 21 December 2012, the Player and Kalju signed a Scholarship agreement valid from 1 February 2013 until 5 November 2017. In January 2013, the Player provided the appellant with a letter of clearance and dated 13 January 2013, apparently issued...

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Topics
  • CAS
  • Solidarity mechanism
Keywords
  • Burden of proof
  • Court of Arbitration for Sport (CAS)
  • International Transfer Certificate (ITC)
  • Scholarship
  • Training compensation
  • FIFA RSTP
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