Al Ittihad FC v. Ghassan Waked (CAS 2015/A/4250)
CAS · Football (FIFA / CAS) · Switzerland · 9 May 2016
Why it matters
This case clarifies that an agent's commission is earned upon completion of the agreed services (negotiating transfer fee and closing contracts), regardless of how long the player stays at the club. It also confirms that a 10% commission is not per se excessive under Swiss law, and that the club bears the burden of proving the agent did not perform.
Summary
Al Ittihad FC appealed a FIFA decision ordering it to pay agent Ghassan Waked EUR 500,000 commission for facilitating the transfer of Brazilian player D. from Vasco da Gama. The club argued that Waked did not perform the agreed services because two other agents (Uram and Gonzales) handled the negotiations. The CAS Panel found that Waked's obligations under the commission agreement were to negotiate the transfer fee and close the transaction. Since a transfer fee of EUR 5,000,000 was agreed and the player signed an employment contract, Waked fulfilled his duties. The Panel noted that the club failed to provide convincing evidence that Waked did not perform, and that a letter from the club's former president confirmed Waked's involvement. The club also argued that the commission should be reduced because the player left after three months. The Panel rejected this, holding that the commission was not linked to the player's length of stay; the agent earned his fee once the transfer and contract were concluded. The Panel also found that a 10% commission was not excessive under Swiss law. The appeal was dismissed, and the FIFA decision confirmed.
The detail
Parties: Al Ittihad FC v Waked
Case number: CAS 2015/A/4250
Outcome: Appeal dismissed; FIFA PSC decision confirmed: Club ordered to pay Agent EUR 500,000 plus 5% interest from 16 October 2012.
Quantum: EUR 500,000
Applicable law: Swiss Code of Obligations (Articles 412, 413, 417); FIFA Regulations; CAS Code
Issues in play: Whether the agent fulfilled his obligations under the commission agreement, and whether the 10% commission was excessive under Swiss law.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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