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CAS 2016A4556 UC Sampdoria SpA v José Rodriguez Baster (CAS)

Why it matters

This case clarifies the interpretation of ambiguous clauses in football representation agreements, applying Swiss law and the contra proferentem rule against the drafting party. It also addresses the standing of a players' agent to claim commission when the contract is signed on behalf of a company, emphasizing that the agent's role and subsequent conduct can establish him as a party.

Summary

The case concerns a dispute between U.C. Sampdoria SpA (the Club) and José Rodriguez Baster (the Agent) over commission under a representation agreement. The Agent helped transfer player José Gómez Campaña to the Club in July 2014. The agreement provided for two €100,000 instalments payable on 30 September 2014 and 30 September 2015, but also stated that the amounts were due only 'if the registration continues.' Shortly after the transfer, the Club loaned the player to FC Porto (Sept 2014) and later to AD Alcorcon (July 2015). The Club argued that because the player was not registered with the Club on the payment dates (due to loans), no commission was owed. The Agent claimed the loans did not terminate the player's contract with the Club, so the condition was satisfied. The FIFA Players' Status Committee ordered the Club to pay €200,000. The Club appealed to CAS. The Sole Arbitrator applied Swiss law, particularly Article 18 of the Swiss Code of Obligations, which requires ascertaining the true common intention of the parties. The clause 'if the registration continues' was ambiguous. The Arbitrator interpreted it to mean that the commission was due if the player remained in a contractual relationship with the Club, not that he had to be physically registered on the exact dates. Temporary loans did not sever the contractual link. The Arbitrator also applied the principle in dubio contra stipulatorem against the Club, which drafted the agreement. The Club's appeal was dismissed, and the FIFA decision upheld.

The detail

Parties: CAS 2016A4556 UC Sampdoria SpA v José Rodriguez Baster

Outcome: The appeal by U.C. Sampdoria SpA is dismissed; the FIFA Players' Status Committee decision is upheld, ordering the Club to pay €200,000 plus interest and costs to the Agent.

Quantum: €200,000

Applicable law: Swiss law; FIFA Players' Agents Regulations (2008 edition); Swiss Code of Obligations (Art. 18); FIFA Procedural Rules

Issues in play: Interpretation of ambiguous contractual clauses under Swiss law (Art. 18 CO) and the principle in dubio contra stipulatorem; determination of whether the Agent was a party to the representation agreement.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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