CAS 2013A3120 Horatiu George Horoba Virgil v Lucian Sanmartean
CAS · Football (FIFA / CAS) · Switzerland · 11 Sept 2013
Why it matters
This case reinforces strict compliance with FIFA Players' Agents Regulations formalities. It confirms that an agent cannot claim commission if the representation contract has expired or if the agent fails to ensure his name appears in the employment contract. It also highlights the two-year limitation period for claims under FIFA RSTP.
Summary
Horatiu, a licensed Romanian agent, claimed commission from player Sanmartean for negotiating two employment contracts with SC Vaslui. The first claim (EUR 95,000) was time-barred under FIFA RSTP Article 25(5) because more than two years had passed since the contract was signed. The second claim (EUR 112,000) failed because the representation contract expired on 22 November 2011, while the second employment contract was signed on 15 May 2012. The agent argued the contract was signed earlier, but the written document showed 15 May 2012. The CAS sole arbitrator held that the agent, as a licensed professional, must know and comply with FIFA PAR formalities. The representation contract was not extended in writing, and the agent failed to prove his involvement in negotiations. The appeal was dismissed.
The detail
Parties: CAS 2013A3120 Horatiu George Horoba Virgil v Lucian Sanmartean
Outcome: Appeal dismissed; agent's claims for commission rejected.
Applicable law: FIFA Players' Agents Regulations (2008), Swiss law subsidiarily
Issues in play: FIFA PAR formal requirements for representation contracts (written contract, minimum details, two-year limit) vs. agent's claim for commission despite expired contract and lack of evidence of involvement.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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