CAS 2017A5374 J. Kolakowski v D. Quintana
CAS · Football (FIFA / CAS) · Switzerland · 10 Apr 2018
Why it matters
This case clarifies that a football agent's commission is calculated on the player's actual earnings, not the total contract value, when the contract ends early. It also confirms that exclusivity clauses cannot prevent a player from negotiating personally, but a financial penalty may apply. The award reinforces the standard practice that agent commissions are tied to income actually received.
Summary
Jaroslaw Kolakowski, a Polish football agent, entered into a representation contract with Spanish player Daniel Quintana Sosa from October 2013 to October 2015. The contract gave Kolakowski exclusive rights to negotiate for Quintana and entitled him to a 10% commission on any contract signed during the term. Clause 3 also prohibited Quintana from signing a contract without Kolakowski's involvement, under penalty of 15% of the total contract value. In September 2014, Quintana signed a three-year employment contract with Saudi club Al Ahli SC worth EUR 1,950,000, without Kolakowski's knowledge or involvement. The contract was terminated after only four months, and Quintana earned only EUR 183,333. Kolakowski claimed the 15% penalty on the full EUR 1,950,000, seeking EUR 225,000. The FIFA Players' Status Committee awarded only EUR 34,375, calculated as 15% of the actual earnings (EUR 183,333). Kolakowski appealed to CAS, arguing for the full penalty. The CAS Panel, applying Swiss law and FIFA regulations, held that commission clauses should be interpreted based on the parties' intentions and standard football practice: commission is calculated on income actually earned, not the potential total. Since the contract ended early, the agent's entitlement was limited to 15% of EUR 183,333 = EUR 27,500. However, because the player did not appeal the FIFA decision, the Panel could not reduce the award below EUR 34,375 (ultra petita principle). The Panel also granted 5% interest on EUR 27,500 from 13 October 2014, rejecting FIFA's denial of interest. The appeal was partially upheld, and the player was ordered to pay EUR 34,375 plus interest.
The detail
Parties: CAS 2017A5374 J. Kolakowski v D. Quintana
Outcome: Appeal partially upheld; Player ordered to pay Agent EUR 34,375 plus 5% interest on EUR 27,500 from 13 October 2014.
Quantum: EUR 34,375
Applicable law: FIFA Regulations, Swiss law (CO), Polish law, Polish FA regulations
Issues in play: Interpretation of agent commission clauses: whether commission is based on total contract value or actual earnings; validity of exclusivity clauses restricting player from self-representation.
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.