Gheorghe Stratulat v. PFC Spartak-Nalchik (CAS 2013/A/3160)
CAS · Football (FIFA / CAS) · Switzerland · 19 November 2013
Why it matters
This case reaffirms CAS jurisprudence that the absence of an agent's signature or reference on an employment contract does not invalidate the agency agreement or prevent the agent from receiving his fee. It clarifies that formal regulatory requirements are not conditions precedent to payment, and that a club's acknowledgment of services (e.g., via correspondence) can suffice to prove entitlement.
Summary
Gheorghe Stratulat, a licensed players' agent, entered into an agency agreement with PFC Spartak-Nalchik on 1 January 2012 to arrange the transfer of footballer Eugeniu Cebotaru. The agreement provided for a fee of EUR 200,000, payable in two instalments. The Club signed an employment contract with the Player on the same date, but the contract did not contain the Agent's name or signature. The Agent later proposed a reduced fee due to the Club's financial difficulties, but the Club made a counter-proposal that was never accepted. The Agent filed a claim with the RFU Dispute Resolution Chamber, which dismissed it because the Agent's signature was missing from the employment contract and no delivery-acceptance acts were signed. The RFU Players' Status Committee upheld that decision. The Agent appealed to CAS. The Sole Arbitrator found that, under CAS jurisprudence, the absence of the agent's signature on the employment contract does not invalidate the agency agreement or prevent the agent from receiving his fee. The Club's letter of 20 February 2012, acknowledging the Agent's involvement and proposing new payment terms, constituted an admission of debt. The Arbitrator also rejected the Club's argument that the agreement was a sham, noting that the Agent's prior representation of the Player had been terminated. The appeal was upheld, and the Club was ordered to pay EUR 200,000 plus 5% interest from the due dates of each instalment.
The detail
Parties: Gheorghe Stratulat v PFC Spartak-Nalchik
Case number: CAS 2013/A/3160
Outcome: Appeal upheld; Club ordered to pay Agent EUR 200,000 plus 5% interest.
Quantum: EUR 200,000
Applicable law: FIFA Regulations on Players' Agents, RFU Regulations on Agency Activity, Russian Civil Code, CAS Code of Sports-related Arbitration
Issues in play: The case involved a conflict between formal requirements under FIFA/RFU regulations (requiring agent's name and signature on employment contracts) and the substantive right to remuneration under an agency agreement. The CAS held that non-compliance with formalities does not invalidate the agreement or bar the agent's fee.
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.