CAS 2016/A/4899
CAS · Football (FIFA / CAS) · Switzerland · 24 April 2017
Why it matters
This case clarifies that a players' agent can still be entitled to a commission even if the representation contract was not signed before the agent's services were rendered, provided the club subsequently ratified the agent's actions and acknowledged the debt. It balances strict regulatory compliance with the practical reality that clubs often benefit from an agent's work before formalities are completed.
Summary
Al Jazira FC (UAE) appealed a FIFA decision ordering it to pay EUR 200,000 to players' agent Hugo Garcia Martorell for his role in negotiating the transfer of player L. from Al Jazira to Gremio FC (Brazil). The club argued that the agent was not entitled to payment because the representation contract was signed on the same day as the transfer contract, violating FIFA's requirement that a written representation contract be concluded before the agent acts. The CAS panel rejected this argument, finding that the club had ratified the agent's actions by signing the agreement and acknowledging the debt. The panel held that, despite the procedural irregularity, the agreement validly established the agent's right to payment. The appeal was dismissed, and the FIFA decision upheld.
The detail
Parties: Al Jazira FC Sports Company v Hugo Garcia Martorell
Case number: CAS 2016/A/4899
Outcome: Appeal dismissed; Club ordered to pay agent EUR 200,000 plus interest.
Quantum: EUR 200,000
Applicable law: FIFA Players' Agent Regulations (2008 edition); Swiss Code of Obligations (subsidiary)
Issues in play: The case involved a conflict between the formal requirements of the FIFA Players' Agent Regulations (requiring a prior written representation contract) and the principle of ratification under Swiss law, where a club that benefits from an agent's services and later agrees to pay a commission is bound by that agreement.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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