Vladimir Stojkovic v. Anthony McGill (CAS 2013/A/3104)
CAS · Football (FIFA / CAS) · Switzerland · 31 January 2014
Why it matters
This case confirms that a player's agent can claim commission even without active involvement in a transfer if the representation agreement explicitly and unequivocally provides for it. It also underscores that a player cannot unilaterally terminate a representation agreement to avoid paying commission after signing a contract, and that the burden of proof for material breach lies on the player.
Summary
Vladimir Stojkovic, a professional footballer, signed an exclusive representation agreement with agent Anthony McGill on 5 October 2010. The agreement entitled McGill to a 10% commission on any contract negotiated by the agent or by the player himself during the term. In January 2011, Stojkovic signed a permanent employment contract with FC Partizan Belgrade, but did not involve McGill in the negotiations. On 8 February 2011, Stojkovic terminated the representation agreement, claiming McGill had materially breached it. McGill then claimed his commission before FIFA, which ruled in his favour. Stojkovic appealed to CAS. The CAS panel found that Stojkovic failed to prove any material breach by McGill; the termination was therefore invalid. The panel also held that under Clause 6(D) of the agreement, McGill was entitled to commission even if he was not actively involved, because the clause explicitly stated that the player must pay commission on any contract concluded during the term, even without the agent's services. The panel concluded that the January 2011 contract was the real deal, and the later June 2011 contract merely fulfilled conditions precedent. Thus, McGill was awarded EUR 70,000 (10% of EUR 700,000 salary).
The detail
Parties: Vladimir Stojkovic v Anthony McGill
Case number: CAS 2013/A/3104
Outcome: Appeal dismissed; agent entitled to EUR 70,000 commission.
Quantum: EUR 70,000
Applicable law: FIFA Regulations on Players' Agents; Representation Agreement dated 5 October 2010; Swiss law
Issues in play: Whether an agent is entitled to commission when the player signed a contract without the agent's active involvement, and whether the player's termination of the representation agreement was valid.
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.