CAS 2012A3039 Trevor McGregor Steven v FIFA
CAS · Football (FIFA / CAS) · Switzerland · 29 Aug 2013
Why it matters
This case clarifies that a licensed players' agent may pay a tip-off fee to a third party without breaching the FIFA Regulations, provided the third party does not perform activities that fall within the definition of a 'players' agent'. The decision sets a standard that the magnitude of the fee alone does not prove agency activity, and that an oral contract is not sufficient to establish a violation. It reinforces the burden on FIFA to prove that the third party actually engaged in agent-like conduct.
Summary
Trevor McGregor Steven, a licensed players' agent in Scotland, was involved in the transfer of a player from Gyori Eto (Hungary) to Middlesbrough FC (England). A friend of the player, Mr. Valja, tipped off Steven about the player's interest in moving to England. Steven then handled the transfer negotiations and, after the transfer was completed, paid half of his fee to Valja 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 for allowing an unlicensed person (Valja) to perform agent activities. FIFA imposed a warning and a CHF 10,000 fine. Steven appealed to CAS. The CAS panel examined whether Valja's actions constituted 'players' agent' activity under the Regulations, which define a players' agent as someone who introduces players to clubs or clubs to each other for a fee. The panel found that Valja only tipped off Steven and had no further involvement in negotiations or the transfer. The panel held that FIFA failed to prove that Valja performed any activity that fell within the definition of a players' agent. Therefore, Steven did not breach the Regulations by paying Valja a tip-off fee. The panel also rejected FIFA's arguments that the size of the fee or the existence of an oral contract indicated a violation. The appeal was upheld, and the FIFA decision was set aside.
The detail
Parties: CAS 2012A3039 Trevor McGregor Steven v FIFA
Outcome: Appeal upheld; FIFA Disciplinary Committee's decision set aside; warning and fine of CHF 10,000 annulled.
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 Regulations prohibiting unlicensed agency activity.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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