Ciro José Sánchez v. Enzo Nicolás Pérez (CAS 2015/A/3962)
CAS · Football (FIFA / CAS) · Switzerland · 7 December 2016
Why it matters
This case clarifies that the relevant criterion for determining whether a dispute is national or international under the 2008 FIFA Players' Agents Regulations is the place of registration of the parties, not their nationality. It also establishes that an agent's undisclosed conflict of interest, while not voiding the contract, constitutes a substantial breach that forfeits the right to compensation, reinforcing the duty of loyalty in player-agent relationships.
Summary
Ciro José Sánchez, a licensed football agent, appealed a FIFA Single Judge decision that declined jurisdiction over his claim against player Enzo Nicolás Pérez for unpaid commission. The Single Judge ruled the dispute was national (both parties Argentine) and thus not within FIFA's competence. Sánchez argued the dispute was international because the player was registered with a Portuguese club when the claim was filed. The CAS panel first addressed procedural issues: it held that FIFA need not be named as respondent because its decision was a 'horizontal matter' not requiring Art. 75 SCC application, and that CAS had full power to review the merits. On the merits, the panel agreed with Sánchez that the relevant criterion is the parties' place of registration at the time of the dispute, making the dispute international and FIFA competent. However, the panel then examined the substance and found that Sánchez had an undisclosed conflict of interest: he had a side agreement with Benfica entitling him to a percentage of any future transfer fee, thus representing both the player and the club. This violated Art. 19.8 of the 2008 PAR prohibiting double brokerage. The panel held that while the contract was not void, the breach of the duty of loyalty was substantial, and under Swiss law (Art. 415 SCO) the agent forfeited his right to compensation. The appeal was dismissed, and Sánchez received nothing.
The detail
Parties: Ciro Jose Sanchez v Enzo Nicolas Perez
Case number: CAS 2015/A/3962
Outcome: Appeal dismissed; agent has no right to compensation due to conflict of interest.
Applicable law: FIFA Players' Agents Regulations (2008), Swiss Code of Obligations (Art. 415), Swiss Civil Code (Art. 75)
Issues in play: The dispute involved the interpretation of 'national' vs 'international' under the 2008 PAR, and the effect of an agent's undisclosed conflict of interest on his right to compensation.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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