Jaroslaw Kolakowski v. Daniel Quintana Sosa (CAS 2017/A/5374)
CAS · Football (FIFA / CAS) · Switzerland · 10 April 2018
Why it matters
This case clarifies that a football agent's commission is typically calculated on the player's actual earnings, not the potential total contract value, especially when the contract ends early. It also confirms that interest at 5% p.a. applies under Swiss law on unpaid debts, even if the principal amount is reduced. The decision reinforces the principle that agents cannot claim disproportionate penalties that would leave the player with no net benefit from his employment.
Summary
Jaroslaw Kolakowski, a Polish football agent, entered into a representation contract with Spanish player Daniel Quintana Sosa from 2 October 2013 to 1 October 2015. The contract included an exclusivity clause (clause 3) stating that if the player signed a contract with any club without the agent's involvement, he would pay a penalty of 15% of the total contract value. On 29 September 2014, the player signed an employment contract with Saudi club Al Ahli SC for EUR 1,950,000 over three seasons, without the agent's knowledge or involvement. The contract was terminated prematurely on 1 February 2015, after only four months, during which the player earned EUR 183,333. The agent filed a claim at FIFA seeking EUR 225,000 as a penalty (15% of EUR 1,950,000). The FIFA Single Judge partially accepted the claim, awarding EUR 34,375 (15% of the actual earnings of EUR 183,333, plus a pro-rata adjustment). The agent appealed to CAS, arguing he was entitled to the full EUR 225,000. The CAS Panel, applying Swiss law and FIFA regulations, held that the commission should be based on the player's actual earnings, not the total contract value, because the contract ended early. The Panel found that the agent was entitled to EUR 27,500 (15% of EUR 183,333), but since the player did not appeal the FIFA decision, the Panel could not reduce the award below EUR 34,375 (ultra petita principle). The Panel also awarded interest at 5% p.a. on EUR 27,500 from 13 October 2014, rejecting the FIFA decision that interest was not applicable. The appeal was partially upheld.
The detail
Parties: J. Kolakowski v D. Quintana
Case number: CAS 2017/A/5374
Outcome: The appeal was partially upheld; the Player must pay the Agent EUR 34,375 plus 5% interest p.a. on EUR 27,500 from 13 October 2014.
Quantum: EUR 34,375
Applicable law: FIFA Regulations, Swiss law (Swiss Code of Obligations), Polish law, Polish FA regulations
Issues in play: The interpretation of an exclusivity clause in a representation contract: whether the agent's commission should be based on the total contract value or actual earnings, and whether a penalty clause was valid.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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