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CAS 2007A1274 M. v. Ittihad Club (CAS)

Why it matters

This case clarifies that a football players' agent cannot circumvent the legal personality of a company by filing a claim in his own name for fees that belong to the company. It reinforces the principle that only the owner of the right (the legal entity) can seek judicial protection, even if procedural rules limit standing to natural persons. The decision underscores the importance of respecting corporate separateness in sports arbitration.

Summary

M., a licensed football players' agent, together with another agent V., operated through a company called P. Srl. M. and V. arranged transfers of players K. and J. to Ittihad Club. The club issued a cheque for €200,000 to P. for K.'s transfer and offered €300,000 commission for J.'s transfer, but the cheque bounced and the commission was unpaid. M. and V. filed a claim with FIFA Players' Status Committee in their own names, seeking €500,000 plus interest. FIFA rejected the claim because the evidence showed the agreements were with P., not M. personally. M. appealed to CAS. The CAS panel held that the legal personality of P. is distinct from its members. All correspondence and payments were directed to P., not M. M. admitted he acted on behalf of P. Therefore, M. lacked standing (legitimatio ad causam) to bring the claim in his own name. The fact that FIFA rules only allow licensed agents to file claims does not entitle an agent to claim rights belonging to a company. The appeal was dismissed, and the FIFA decision confirmed.

The detail

Parties: CAS 2007A1274 M. v. Ittihad Club

Outcome: Appeal dismissed; decision of FIFA Single Judge confirmed; M. ordered to pay CHF 2,500 in costs.

Applicable law: FIFA Statutes, FIFA Players' Agents Regulations, Swiss law

Issues in play: The legal personality of a company is distinct from its members; a licensed agent cannot bring a claim in his own name for fees owed to a company of which he is a member.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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