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M. v. Ittihad Club (CAS 2007/A/1274) (CAS)

Why it matters

This case clarifies that a licensed players' agent cannot bring a claim in his own name for fees that belong to his company, even if he is the sole owner. It reinforces the principle of separate legal personality and limits the ability to pierce the corporate veil. The decision also addresses procedural issues such as belated jurisdictional objections and the application of FIFA rules.

Summary

M., a licensed football players' agent, together with another agent V., operated through a company called P. Srl. M. claimed that Ittihad Club owed him commissions for arranging transfers of two players, K. and J. The evidence showed that the club dealt with P. Srl, not M. personally: a cheque was made out to P. Srl, invoices were sent by P. Srl, and correspondence came from P. Srl. M. argued that the company was just a detail and that he was the real party. The CAS panel held that the legal personality of a company is distinct from its members, and only under exceptional circumstances can it be lifted. Since M. did not request piercing the corporate veil, and the evidence showed the contracts were with P. Srl, M. lacked standing (legitimatio ad causam) to sue in his own name. The appeal was dismissed, confirming the FIFA Single Judge's decision. The case also ruled that the respondent's belated jurisdictional objections were inadmissible.

The detail

Parties: M. v. Ittihad Club

Case number: CAS 2007/A/1274

Outcome: Appeal dismissed; the Single Judge's decision rejecting M.'s claim for agent fees is confirmed.

Applicable law: FIFA Statutes, FIFA Players' Agents Regulations, Swiss law

Issues in play: The legal personality of a company versus that of its members; the standing of a licensed agent to sue for fees owed to his company.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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