Horatiu George Horoba Virgil v. Lucian Sanmartean (CAS 2013/A/3120)
CAS · Football (FIFA / CAS) · Switzerland · 11 September 2013
Why it matters
This case reinforces the strict application of FIFA's formal requirements for player-agent representation contracts. It confirms that agents must ensure written contracts contain all mandatory details and are in force at the time of the activity. Failure to comply, even if the agent performed services, bars any claim for remuneration. The decision also highlights the two-year limitation period for agent claims under FIFA regulations.
Summary
Horatiu George Horoba Virgil, a licensed Romanian football agent, claimed commission from player Lucian Sanmartean for negotiating two employment contracts with SC Sporting Club SA Vaslui. The first claim (EUR 95,000) related to a contract signed on 10 February 2010; the second (EUR 112,000) to a contract signed on 15 May 2012. The representation contract between agent and player ran from 23 December 2009 to 22 November 2011. The agent argued the second contract was effectively agreed in November 2011, while the player said it was signed later. The CAS Sole Arbitrator applied FIFA Players' Agents Regulations (2008) primarily and Swiss law subsidiarily. For the first claim, the agent failed to prove his involvement in negotiations (his name did not appear in the contract) and the claim was time-barred under FIFA's two-year limitation rule. For the second claim, the representation contract had expired before the employment contract was signed (15 May 2012), and the agent did not extend it in writing. A memorandum signed only with the club could not substitute a written agreement with the player. The agent also failed to show he negotiated the contract; a newspaper article indicated another agent represented the player. The appeal was dismissed, upholding the Romanian Football Federation's decision.
The detail
Parties: Horatiu George Horoba Virgil v Lucian Sanmartean
Case number: CAS 2013/A/3120
Outcome: Appeal dismissed; the agent's claims for commission (EUR 95,000 and EUR 112,000) were rejected.
Applicable law: FIFA Players' Agents Regulations (2008 edition), subsidiary Swiss law
Issues in play: The case involved the formal requirements for a valid representation contract under FIFA PAR Article 19, and the time limit for bringing claims under FIFA RSTP Article 25(5).
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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