Al-Ittihad FC v. Ghassan Waked (CAS 2015/A/4326)
CAS · Football (FIFA / CAS) · Switzerland · 19 October 2016
Why it matters
This case clarifies that an agent's commission is earned upon completion of the transfer and signing of contracts, regardless of how long the player stays with the club. It also confirms that two separate commission agreements can coexist if they cover distinct services (employment contract vs. transfer agreement), and that a 10% commission is not per se excessive under Swiss law.
Summary
Al-Ittihad FC (the Club) appealed a FIFA decision ordering it to pay agent Ghassan Waked EUR 340,000 in commission for facilitating the transfer of player A. from Hajduk Split. The Club and Agent signed two commission agreements on 18 July 2012: one for 10% of the player's contract value (EUR 160,000) and another for 10% of the transfer fee (EUR 180,000). The Club argued that the agent did not significantly contribute to the transfer, that the second agreement superseded the first, and that the commission should be reduced because the player left early. The CAS Panel rejected all arguments. It found that the agent provided overwhelming evidence of his involvement, including references in the employment contract and transfer agreement, and a letter from the Club's president confirming his role. The Panel held that the two agreements covered different services (employment contract and transfer agreement) and both remained valid. The commission of 10% was not excessive under Swiss law, and there was no clause linking payment to the player's length of stay. The appeal was dismissed, and the Club was ordered to pay the full EUR 340,000 plus interest.
The detail
Parties: Al-Ittihad FC v Ghassan Waked
Case number: CAS 2015/A/4326
Outcome: The appeal by Al-Ittihad FC was dismissed. The FIFA Single Judge decision ordering the Club to pay the Agent EUR 340,000 plus 5% interest from 16 September 2012 was confirmed.
Quantum: EUR 340,000
Applicable law: FIFA Regulations on the Status and Transfer of Players (2008 edition), Swiss Code of Obligations (CO), FIFA Players' Agent Regulations
Issues in play: The case involved interpretation of two commission agreements signed on the same day, and whether the agent had fulfilled his obligations to earn the commission. The Panel applied Swiss contract law principles (pacta sunt servanda) and CAS jurisprudence on 'significant involvement' of agents.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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