Genoa Cricket and Football Club S.p.A v. Gary Porter (CAS 2013/A/3251)
CAS · Football (FIFA / CAS) · Switzerland · 3 February 2014
Why it matters
This case clarifies the standard for a football agent's entitlement to commission under a mandate: the agent must be the 'effective cause' of the transfer. It distinguishes between mere involvement and causation, and confirms that an agent can rely on assistants (like interpreters) without losing his claim. The decision reinforces that the agent's own actions must be instrumental in bringing about the transfer.
Summary
Genoa Cricket and Football Club (GCFC) appealed a FIFA decision ordering it to pay agent Gary Porter €300,000 commission for the transfer of player Juraj Kucka from Sparta Prague to GCFC. The mandate stated the fee was due if the transfer occurred and the agent carried out the activity. GCFC argued Porter was not the effective cause of the transfer, claiming that Andrea Berta (a GCFC consultant) and Luca Pagani (an assistant) did the real work. Porter testified he introduced the player to GCFC, arranged meetings, negotiated, and persuaded the player to sign. The CAS panel accepted Porter's uncontested evidence and applied the legal test from CAS 2006/A/1019: an agent is entitled to commission only if he is the 'effective cause' of the transaction. The panel found Porter was the effective cause: he initiated contact, arranged meetings, and persuaded the player. Berta and Pagani were not the cause; Pagani acted as Porter's assistant. The panel dismissed the appeal and upheld the FIFA decision, ordering GCFC to pay the commission plus interest.
The detail
Parties: Genoa Cricket and Football Club S.p.A. v Gary Porter
Case number: CAS 2013/A/3251
Outcome: Appeal dismissed; FIFA Players' Status Committee decision upheld: Agent entitled to €300,000 commission plus interest.
Quantum: €300,000
Applicable law: FIFA Regulations (Players' Agents Regulations), Swiss law
Issues in play: The key principle was whether the agent was the 'effective cause' of the player's transfer, as opposed to merely being involved. The panel applied the common law agency principle that an agent earns commission only if he is the effective cause of the transaction.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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