CAS 2013A3443 Gines Carvajal Seller v FC Dnipro Dnipropetrovsk
CAS · Football (FIFA / CAS) · Switzerland · 6 Oct 2014
Why it matters
This case clarifies that failure to comply with FIFA's written form requirement for agency contracts does not automatically invalidate the agreement; instead, FIFA may impose sanctions. It also establishes that an agent can prove a verbal commission agreement on the balance of probabilities, and that a club cannot avoid payment by alleging payment through a third party without evidence.
Summary
Ginés Carvajal Seller, a Spanish football agent, claimed he verbally agreed with FC Dnipro Dnipropetrovsk to receive a 5% commission (€550,000) for facilitating the transfer of Brazilian player Giuliano Victor de Paula from Internacional to Dnipro for €11 million. The club argued that the agent was to be paid by the player's agent, Tonietto, under a separate agreement. The FIFA Players' Status Committee rejected the agent's claim, citing lack of written contract. On appeal, the CAS panel found that while the written mandate did not meet FIFA's requirements, the lack of form did not invalidate the agency relationship. The panel held that the agent proved on balance of probabilities that a 5% commission was agreed, based on testimony from the agent and Internacional's lawyer, and that the club failed to prove the agent agreed to be paid by Tonietto. The club was ordered to pay €550,000 plus 5% interest from the date of first demand.
The detail
Parties: CAS 2013A3443 Gines Carvajal Seller v FC Dnipro Dnipropetrovsk
Outcome: The appeal was accepted; FC Dnipro Dnipropetrovsk ordered to pay €550,000 plus 5% interest from 6 July 2011 to the agent.
Quantum: €550,000
Applicable law: FIFA Regulations on Players' Agents (2008), Swiss Code of Obligations
Issues in play: The case involved the requirement for a written agency contract under FIFA Regulations versus the validity of a verbal agreement under Swiss law. Also, the burden of proof regarding commission rate and payment source.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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