J. v. Udinese Calcio S.p.A. (CAS 2008/A/1665)
CAS · Football (FIFA / CAS) · Switzerland · 19 May 2009
Why it matters
This case clarifies that the two-year maximum duration under Article 12(2) of the FIFA Players' Agents Regulations applies to all representation contracts, whether with players or clubs. It rejects the argument that the time limit only protects players, emphasizing that it also protects clubs from long-term commitments. The decision confirms that even if no transaction occurs, the contract is limited to two years from its conclusion.
Summary
The case involves a FIFA-licensed agent, J., who claimed a commission from Udinese Calcio for the transfer of player P. to Internazionale Milano. In 1999, Udinese and Santiago Wanderers signed a contract for the player's transfer, including a clause (clause 8) granting J. exclusive rights to negotiate future transfers and a 10% commission. In 2000, Udinese acquired full rights to the player, and an amended contract was signed, adjusting the commission to 10% of any amount exceeding USD 2,300,000. The amended contract did not specify a duration. In 2005, Udinese loaned the player to Internazionale Milano, and later the transfer became permanent, without J.'s involvement. J. filed a claim with FIFA, which was dismissed. J. appealed to CAS. The key issue was whether the two-year time limit in Article 12(2) of the FIFA Players' Agents Regulations applied to the contract between J. and Udinese. J. argued that the limit only applied to contracts with players, not clubs, and that the mandate had not 'materialized' because no transfer occurred during the two years. The CAS panel held that Article 12(2) is clear and applies to all representation contracts, regardless of whether the client is a player or a club. The two-year period runs from the conclusion of the contract, and even if no transaction is concluded, the contract is valid for a maximum of two years. Since the amended contract was signed on 23 December 2000, the two-year period expired in December 2002, well before the player's transfer in 2005. Therefore, J.'s claim was time-barred, and the appeal was dismissed.
The detail
Parties: J. v. Udinese Calcio S.p.A.
Case number: CAS 2008/A/1665
Outcome: The appeal was rejected; the FIFA decision dismissing the agent's claim for commission was upheld.
Applicable law: FIFA Players' Agents Regulations (2001 edition), supplemented by Swiss law
Issues in play: Article 12(2) of the FIFA Players' Agents Regulations (two-year limit on representation contracts) vs. the agent's argument that the limit only applies to players, not clubs.
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.