Real Betis Balompié SAD v. SSC Napoli S.p.A.

At a glance

Parties

Real Betis Balompié S.A.D. (Spain) v. SSC Napoli S.p.A. (Italy)

Case no.

CAS 2021/A/8230 (FIFA DRC TMS 6509)

Forum and rules

Court of Arbitration for Sport, appeal arbitration under the Code of Sports-related Arbitration; FIFA RSTP (June 2018 edition)

Panel

Bernhard Welten (President), Mark Hovell, José Juan Pintó

Sector

Football; player transfer; training compensation

Outcome

Appeal dismissed by majority (29 June 2023). The FIFA DRC decision of 11 March 2021 rejecting the training compensation claim was confirmed in full.

Amount

Claimed: EUR 595,000 in training compensation plus 5% interest per year from 6 August 2018. Awarded: nothing. The cost rulings are redacted in the published award.

The dispute

Real Betis signed its first professional contract with the Player (Mr A, born 3 April 1996) on 1 February 2018. Article 5.1 of that contract, based on Spanish Real Decreto 1006/1985, let the Player end the contract early on payment of EUR 30,000,000. The clubs did not agree a transfer agreement. On 4 July 2018 Napoli paid EUR 30,000,000 to La Liga in favour of Real Betis, and the Player was registered with the FIGC for Napoli on 13 July 2018. Real Betis then claimed EUR 595,000 in training compensation under Article 20 and Annexe 4 of the FIFA RSTP, on top of the buy-out fee. The FIFA DRC rejected the claim, and Real Betis appealed. It argued that a buy-out fee under the Real Decreto differs from a transfer fee, that the fee was a net amount, and that it had never waived training compensation. Napoli argued that the buy-out fee included training compensation. In the alternative, it argued that the amount owed could not exceed EUR 428,903.80.

Key holdings

1. The FIFA regulations apply first and Swiss law applies in the alternative. Real Betis's argument that Spanish law, in particular the Real Decreto, takes priority was rejected, because the dispute is about whether training compensation was triggered under the RSTP. ¶¶ 56–57
2. The conditions of Article 2(1)(ii) of Annexe 4 RSTP were met. Real Betis, as the Player's last training club, was in principle entitled to claim training compensation from Napoli, because the Player's first professional registration 'broke the chain'. ¶¶ 63–69
3. Article 5.1 works as a buy-out clause. Together with Napoli's payment, it amounts to a tripartite arrangement equivalent in result to a transfer agreement. FIFA and CAS case law on transfer agreements therefore applies, including CAS 2004/A/785 and TAS 2011/A/2455. ¶¶ 73–74, 89–90
4. Training compensation is calculated from the new club's training costs, not as a percentage of the transfer fee. In this it differs from the solidarity contribution, for which the fee must be grossed up. Unless the parties say expressly that training compensation is payable in addition, it is presumed to be included in the transfer or buy-out fee. ¶¶ 76, 95
5. Under Article 12.3 of the Procedural Rules and Article 8 of the Swiss Civil Code, Real Betis bore the burden of proof. By majority, the Panel held that Real Betis did not show that both sides intended training compensation to be paid on top of the EUR 30 million. Training compensation was therefore included in that sum. ¶¶ 87–88, 97
6. Napoli's payment of training compensation to Elche CF was voluntary and not required by the RSTP. It is therefore no evidence that Napoli agreed to pay Real Betis training compensation on top of the buy-out fee. ¶ 96

Procedural history

1. 1 February 2018Real Betis and the Player sign an employment contract with a EUR 30,000,000 buy-out clause.
2. 4–13 July 2018Napoli pays EUR 30,000,000 to La Liga in favour of Real Betis; the Player is registered with the FIGC for Napoli.
3. 18 September 2018Real Betis claims EUR 595,000 in training compensation and EUR 1,275,000 in solidarity contribution. Napoli rejects both on 9 October 2018.
4. 5 August 2020Real Betis files its claim with the FIFA DRC.
5. 11 March 2021The FIFA DRC rejects the claim (TMS 6509). The reasons are sent on 23 July 2021.
6. 13 August 2021Real Betis files its Statement of Appeal with CAS.
7. 27 September 2021Three-member Panel constituted.
8. 29 March 2022Hearing in Lausanne.
9. 29 June 2023Award: appeal dismissed and the DRC decision confirmed.

Tribunal, counsel and experts

Decided by

• Bernhard Welten President, CAS Panel
• Mark Andrew Hovell Co-arbitrator, CAS Panel — appointed by the respondent
• José Juan Pintó Co-arbitrator, CAS Panel — appointed by the claimant

For the claimant

Alphonso León · Alessandro Mosca · Victor Omnes

For the respondent

Mattia Grassani · Luca Smacchia · Luigi Carlotti

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Keywords

• training compensation
• FIFA RSTP Annexe 4
• buy-out clause
• Real Decreto 1006/1985
• cláusula de rescisión
• solidarity contribution
• FIFA Dispute Resolution Chamber
• burden of proof
• waiver of training compensation
• football transfer
• Real Betis
• Napoli
• Elche CF
• CAS 2004/A/785
• FIFA Commentary on the RSTP
• contract interpretation

Summary generated with AI from the published documents — refer to the award for the authoritative text.