CAS 2012/A/3039
CAS · Football (FIFA / CAS) · Switzerland · 29 August 2013
Why it matters
This case clarifies that a licensed players' agent does not violate FIFA regulations by paying a tip-off fee to a third party who merely introduces a player, as long as the third party does not perform any activity that falls within the definition of a 'players' agent'. It establishes that the burden of proof is on FIFA to show that the third party acted as an unlicensed agent, and that the magnitude of the fee alone does not prove agency activity.
Summary
Trevor McGregor Steven, a licensed players' agent in Scotland, acted for Middlesbrough FC in the transfer of a player from Gyori Eto (Hungary). A friend of the player, Mr. Valja, tipped off Steven about the player and suggested he watch videos. Steven then handled all negotiations and the player signed directly with the club. After the transfer, Steven paid Mr. Valja GBP 23,000 as an introduction fee. The FA investigated and referred the matter to FIFA, which found Steven guilty of violating Articles 23(2) and 3(1) of the FIFA Players' Agents Regulations 2008, imposing a warning and CHF 10,000 fine. Steven appealed to CAS. The CAS panel held that the burden of proof was on FIFA to show that Mr. Valja performed activities of a players' agent. The definition of a players' agent under the Regulations requires introducing players to clubs with a view to negotiating an employment contract, or introducing clubs to each other for a transfer agreement. Mr. Valja only tipped off Steven and had no further involvement; he did not negotiate, introduce the player to the club, or participate in any transfer discussions. Therefore, he did not act as an unlicensed agent. The panel also noted that FIFA accepts that a licensed agent may pay a tip-off fee to a third party, and the amount of the fee is irrelevant. The appeal was upheld, and the FIFA decision was set aside.
The detail
Parties: Trevor McGregor Steven v FIFA
Case number: CAS 2012/A/3039
Outcome: Appeal upheld; FIFA Disciplinary Committee's warning and fine set aside.
Applicable law: FIFA Players' Agents Regulations 2008; Swiss law subsidiarily
Issues in play: Whether paying a tip-off fee to an unlicensed third party for introducing a player constitutes a violation of the FIFA Players' Agents Regulations, specifically Articles 23(2) and 3(1).
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