Training allowance
As compensation for training ( English compensation fee is) referred to football a committed transfer fee for a player under 23 years old which does not sign his first professional contract in the club which trained him.
General
The current FIFA regulations on the status and transfer of players (in force since May 1, 2005) define training compensation in Article 20 and the so-called solidarity mechanism among clubs in Article 21. Accordingly, training compensation is due if a club signs an amateur player or a professional player who was previously without a license and then uses him as a licensed player. If a player does not start his professional career in the club he was trained by, but decides to move, the minimum amount of compensation is due. Alternatively, a transfer can be made in which both clubs agree on a sum for the player willing to change. In the case of training compensation, however, the amount of the payment is fixed and is based on a categorization list published annually by FIFA, according to which the member associations must register their clubs with FIFA. The solidarity mechanism stipulates that all clubs that have participated in the training receive a total of 5% of every transfer fee that is generated if a player is resold in the course of his career (between 0.25% (12-15 Age) or 0.5% (16-23 years of age) per season spent in the club).
Legal situation
The training allowance is legally controversial. According to a ruling by the Oldenburg Regional Court on May 10, 2005, she violates the freedom of occupation guaranteed by Article 12 of the Basic Law . This is “impermissibly restricted” by the regulation, since the training allowance could deter potential employers of a footballer.
The European Court of Justice , however, declared them legal in a 2010 ruling that “training clubs (could) be discouraged from investing in the training of young players if they cannot get reimbursement for the amounts spent if a player finishes his Training signing a contract as a professional player with another club ”. This applies in particular to smaller clubs whose investments in this area are "of considerable importance for the fulfillment of the social and educational function of sport". The restriction of the free choice of job through due taxes on the part of the new employer is therefore proportionate. However, the court also found that the compensation must be based on the actual training costs of the clubs and should not go beyond what is necessary to “promote the recruitment and training of young players and to finance these activities”.
According to a decision by the Supreme Court in Austria , a training allowance to be paid between football clubs, as standardized for example in the ÖFB regulations , is not fundamentally immoral, because the prospect of obtaining one is suitable to encourage football clubs to look for talent and for them Provide training to young players. The prerequisite is that the donating club has actually provided training services of considerable relevance and that the compensation standardized or contractually stipulated in the regulations is in an appropriate proportion and, moreover, does not lead to any significant restriction of the player's rights.
Web links
- Regulations on the Status and Transfer of Players . fifa.com (accessed June 17, 2019)
- Regulations on the Status and Transfer of Players: Classification of Clubs and Registration Periods . fifa.com, as of 2012 (accessed April 25, 2014)
Individual evidence
- ↑ Training compensation for young footballers - § 23 a of the DFB game regulations out? ( Memento of the original from October 7, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , anwaltzentrale.de
- ↑ Decision in Case C ‑ 325/08 . Grand Chamber of the European Court of Justice, March 16, 2010 (accessed April 25, 2014).
- ^ "Footballer loan" Supreme Court.
