Vincenzo d’Ippolito v. Danubio FC (CAS 2011/A/2660)
CAS · Football (FIFA / CAS) · Switzerland · 5 October 2012
Why it matters
This case clarifies that failure to use FIFA standard forms does not automatically invalidate an agency agreement, and that an agent can be remunerated by the selling club even if the fee is a percentage of the transfer fee, provided it is paid club-to-club. It also sets out how Swiss law fills gaps in FIFA Regulations for determining agent fees when no amount is agreed.
Summary
Vincenzo d’Ippolito, a licensed FIFA players' agent, claimed a 10% commission on the transfer of player E. from Danubio FC (Uruguay) to US Palermo (Italy) in January 2007. He had received an 'Authorization' from Danubio's General Manager to begin exclusive negotiations in Italy. The transfer occurred, but Danubio refused to pay, arguing the Authorization was invalid (lack of authority, not in proper form) and that d’Ippolito did not participate in negotiations. The FIFA Single Judge rejected the claim, finding no written agreement on a lump sum fee and that Article 18(3) of the FIFA Regulations prohibits an agent from receiving part of a transfer fee. D’Ippolito appealed to CAS. The CAS Panel held that the Authorization was valid and binding, and that the agent's services (initiating negotiations) were causally linked to the transfer. It found that Article 18(3) only prohibits payment from the new club to the agent, not from the selling club. Since no fee was agreed, the Panel applied Swiss law (Article 414 CO) and, finding no tariff or custom, exercised discretion to award 3% of the transfer fee (EUR 122,850) plus interest from the date of the FIFA claim. The decision underscores that FIFA's formal requirements are not conditions of validity but subject to sanctions, and that Swiss law governs gaps in FIFA Regulations.
The detail
Parties: Vincenzo d’Ippolito v. Danubio FC
Case number: CAS 2011/A/2660
Outcome: Appeal partially upheld. Danubio FC ordered to pay EUR 122,850 plus 5% interest p.a. from 11 April 2007.
Quantum: EUR 122,850
Applicable law: FIFA Players' Agents Regulations (2007 edition), Swiss Code of Obligations (Articles 412 et seq., 102, 104)
Issues in play: The validity of an agency agreement despite non-compliance with FIFA formal requirements; the causal link between agent's services and player transfer; prohibition on agent receiving part of transfer fee; determination of agency fee under Swiss law.
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.