CAS 2013A3393 Genoa Cricket and Football Club v Juan Aisa Blanco
CAS · Football (FIFA / CAS) · Switzerland · 23 Jun 2014
Why it matters
This case clarifies the burden of proof in agent commission disputes: once a representation contract and transfer agreement reference the agent's involvement, the club must rebut the presumption of causation. It also interprets Art. 19.8 of the FIFA Players' Agents Regulations, holding that mere association of two agents with the same parent company does not prove a conflict of interest without evidence of dual representation or double remuneration. The decision on amicus curiae briefs from FIFA is also notable.
Summary
Genoa Cricket and Football Club appealed a FIFA decision ordering it to pay EUR 350,000 to agent Juan Aisa Blanco under a representation contract for facilitating the transfer of a player from UD Almeria. The club argued (1) no causal link between the agent's work and the transfer, (2) a conflict of interest because the agent and the player's agent both belonged to the same sports management company, You First Sport, and (3) attempted double remuneration. The CAS Panel applied Swiss law and FIFA regulations. On causation, the Panel noted that while the agent provided no direct evidence (emails, phone records), the transfer agreement itself referenced his activities and was on club letterhead, shifting the burden to the club to rebut the presumption of causation, which it failed to do. On conflict of interest, the Panel held that Art. 19.8 prohibits an agent from representing both sides in the same transaction; mere membership in the same parent company does not prove a conflict without evidence that the agent acted against the club's interests. The club's payment of EUR 50,000 during proceedings undermined its double-remuneration claim. The Panel also denied the club's request for an amicus curiae brief from FIFA, reasoning that FIFA, as the first-instance decision-maker, should not provide interpretive assistance in an appeal. The appeal was dismissed, and the FIFA decision confirmed.
The detail
Parties: CAS 2013A3393 Genoa Cricket and Football Club v Juan Aisa Blanco
Outcome: The appeal was dismissed; the FIFA Single Judge's decision was confirmed, ordering the club to pay the agent EUR 350,000 plus 5% interest per annum.
Quantum: EUR 350,000
Applicable law: FIFA Players' Agents Regulations (2008 edition), Swiss Civil Code (Art. 8), CAS Code of Sports-related Arbitration
Issues in play: The burden of proof for an agent's causal role in a transfer and the interpretation of conflict of interest under Art. 19.8 of the FIFA Players' Agents Regulations.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.