Admir Aganovic v. Cvijan Milosevic (CAS 2014/A/3836)
CAS · Football (FIFA / CAS) · Switzerland · 28 September 2015
Why it matters
This case clarifies the burden of proof in disputes over football agents' commissions, emphasizing that the agent must prove active involvement in contract negotiations. It also addresses the applicable law in CAS appeals when the parties' agreement lacks a choice-of-law clause, confirming that FIFA regulations and Swiss law apply, and that the tribunal cannot decide ex aequo et bono even if authorized by the parties.
Summary
Admir Aganovic, a Bosnian football player, engaged Cvijan Milosevic as his agent under a 'contrat de médiation' dated 12 June 2009. The agreement provided that Milosevic would receive a commission of 7% of the player's gross annual salary for any employment contract negotiated by the agent. On 1 July 2009, Aganovic signed an employment contract with Swiss club Neuchâtel Xamax. Milosevic claimed he negotiated the contract and sought commission of CHF 51,187. FIFA's Single Judge awarded CHF 38,486. Aganovic appealed to CAS, arguing Milosevic was not involved in the negotiations. The CAS Sole Arbitrator applied Swiss law (Art. 8 CC) and CAS jurisprudence on burden of proof, holding that Milosevic, as the party claiming entitlement, had to prove his active role. The evidence showed inconsistencies in Milosevic's account, and he failed to call witnesses. The Sole Arbitrator found that Milosevic did not discharge his burden, set aside the FIFA decision, and dismissed the commission claim.
The detail
Parties: Admir Aganovic v Cvijan Milosevic
Case number: CAS 2014/A/3836
Outcome: Appeal upheld; FIFA decision set aside; Respondent not entitled to commission.
Applicable law: FIFA Regulations (RSTP) and Swiss law (Swiss Civil Code Art. 8)
Issues in play: The burden of proof under Swiss law (Art. 8 CC) and CAS jurisprudence; the interpretation of the agent's commission clause requiring active negotiation.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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