CAS 2015A3889 Danilyuk Mikhail v Football Club Shinnik
CAS · Football (FIFA / CAS) · Russia · 9 Jun 2015
Why it matters
This case confirms that a players' agent's remuneration can include a bonus payment based on the player's performance, as long as agreed in advance. It clarifies that no additional agent report is needed for such conditional payments, and that the principle of pacta sunt servanda applies. The decision also illustrates the interplay between FIFA regulations and national civil law in sports arbitration.
Summary
The case concerns a dispute between Russian players' agent Danilyuk Mikhail and Football Club Shinnik over an additional remuneration of USD 50,000. The parties had concluded an Agency Agreement on 10 August 2011, under which Danilyuk was to facilitate the transfer of a player to the Club. The agreement provided for a fixed fee of USD 50,000 and an additional bonus of USD 50,000 for each season (2012-2013 and 2013-2014) in which the player participated in official matches. The Club paid the fixed fee but refused the bonus, arguing that the agent had not performed any additional services and that the agreement was a sham. The RFU Players' Status Committee dismissed the agent's claim, citing lack of an agent report and an additional act of execution. Danilyuk appealed to the CAS. The Sole Arbitrator found that the bonus payment was valid under FIFA and RFU regulations, which allow a lump sum composed of basic and bonus payments agreed in advance. Under Russian civil law, the bonus was a conditional deal (Article 157 of the Civil Code) and did not require additional services or reports. The Arbitrator held that the condition (player's participation) was fulfilled, as evidenced by the player's appearances in the 2012-2013 season. The Club's late answer was excluded, and the appeal was upheld. The Club was ordered to pay USD 50,000 in rubles plus 5% interest from 15 October 2013.
The detail
Parties: CAS 2015A3889 Danilyuk Mikhail v Football Club Shinnik
Outcome: Appeal upheld; Club ordered to pay additional remuneration of USD 50,000 plus 5% interest from 15 October 2013.
Quantum: USD 50,000
Applicable law: FIFA Players' Agents Regulations 2008, RFU Players' Agents Regulations 2010, Russian Civil Code (Articles 1006, 1008, 157, 395, 972, 991)
Issues in play: Whether a bonus payment conditioned on the player's participation in matches is valid under FIFA/RFU regulations and Russian civil law, and whether an additional agent report is required for such bonus.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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