Al Ittihad FC v. Daniel Gonzales Landler (CAS 2016/A/4485)
CAS · Football (FIFA / CAS) · Switzerland · 20 September 2016
Why it matters
This award clarifies that an agent's commission falls due upon the player signing the employment contract, regardless of other tasks or the player's tenure. It also confirms that Article 417 CO applies only in manifestly exceptional circumstances, and that a 5% commission is not excessive under Swiss law or FIFA regulations. The case reinforces the doctrine of judicial estoppel and the importance of clear contractual terms.
Summary
Al Ittihad FC (the Club) appealed a FIFA decision ordering it to pay USD 400,000 commission to agent Daniel Gonzales Landler. The Club had hired three agents for the transfer of Brazilian player D. from Vasco da Gama: Ghassan Waked (negotiating transfer fee), Eduardo Uram (representing the player), and Daniel Gonzales Landler (representing the Club in negotiating the player's employment contract). The Commission Agreement stated the agent's tasks included negotiating the transfer fee, player terms, payment schedule, and closing the transaction, with the commission due upon signing the employment contract. The Club argued the agent failed to perform some tasks and that the commission was excessive, especially since the player left after three months. The CAS Sole Arbitrator dismissed the appeal, holding that the agent's ultimate duty was to ensure the player signed the contract, which he did. The commission was not conditional on the player's length of service. Applying Swiss law, the arbitrator found no manifest disproportion to justify reducing the fee under Article 417 CO. The 5% commission was consistent with FIFA regulations and Swiss law. The award also applied the doctrine of judicial estoppel, noting that the Club had taken inconsistent positions in related CAS cases. The decision confirms that clubs must pay agreed commissions even if the player leaves early, unless the contract explicitly links payment to duration.
The detail
Parties: Al Ittihad FC v Daniel Gonzales Landler
Case number: CAS 2016/A/4485
Outcome: Appeal dismissed; Al Ittihad FC ordered to pay USD 400,000 plus 5% interest p.a. from 16 August 2012 to the Agent.
Quantum: USD 400,000
Applicable law: FIFA Regulations on the Status and Transfer of Players, Swiss Code of Obligations (Art. 412, 413, 417), FIFA Players' Agents Regulations, FIFA Regulations on Working with Intermediaries (recommendations only)
Issues in play: The case involved the interpretation of the commission agreement and whether the agent's fee was excessive under Swiss law. The key principles were pacta sunt servanda (freedom of contract) versus the court's power to reduce disproportionate fees under Article 417 CO.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.