Perry Overeem v. PAOK F.C. (CAS 2014/A/3838)
CAS · Football (FIFA / CAS) · Switzerland · 13 July 2017
Why it matters
This case clarifies that a letter from FIFA declining jurisdiction is not an appealable decision if the appellant does not challenge the lack of jurisdiction itself but seeks merits review. It also confirms that an appeal cannot be transformed into ordinary arbitration proceedings without a valid arbitration agreement, emphasizing the distinct procedural regimes under the CAS Code.
Summary
Perry Overeem, a football agent, represented a coach and assistant coaches in negotiations with PAOK F.C. The parties signed an agreement stating that FIFA would have jurisdiction over disputes. After the coach's contract was terminated, Overeem claimed €70,000 in commission from PAOK. FIFA wrote to Overeem stating it lacked jurisdiction because the services provided (for coaching staff) fell outside the Players' Agents Regulations. Overeem appealed this letter to CAS, seeking to have CAS decide the merits of his claim. PAOK challenged CAS jurisdiction. The Sole Arbitrator found that the FIFA letter was not a decision appealable under CAS rules because Overeem did not contest FIFA's lack of jurisdiction but instead wanted CAS to rule on the merits. Since FIFA had no jurisdiction, there was no first-instance decision to appeal. The Arbitrator also rejected Overeem's request to treat the appeal as ordinary arbitration, because the agreement only referred to FIFA, not CAS, and the differences between FIFA and CAS are too substantial to imply consent to CAS as a first-instance body. Consequently, CAS declared it had no jurisdiction and dismissed the appeal.
The detail
Parties: Perry Overeem v PAOK FC
Case number: CAS 2014/A/3838
Outcome: CAS held it had no jurisdiction to hear the appeal or to transform it into ordinary proceedings; the appeal was dismissed.
Applicable law: FIFA Players' Agents Regulations, CAS Code of Sports-related Arbitration (2016 edition), FIFA Statutes (2014 edition)
Issues in play: The case involved the interpretation of whether a FIFA letter declining jurisdiction constituted a 'decision' appealable to CAS, and whether an arbitration clause referring disputes to FIFA could be construed as an agreement to arbitrate before CAS.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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