A player’s agent may organise his occupation as a business as long as his employees’ work is restricted to administrative duties connected with the business activity of a player’s agent. Only the players’ agent himself is entitled to represent and promote the interest of players and/or clubs in connection with other players and/or clubs.
Facts/Procedure
On 1 April 2009, the Player J. and SEG, represented by Kees Ploegsma (the Agent), signed an exclusive representation agreement valid from the date of signature until 31 March 2010 (Representation Agreement). The Player was at that point under professional contract with a Dutch football club, which was interested in transferring the Player. Pursuant to the Representation Agreement “the amount of the commission concerning the labour contract of the player with a club in a foreign country will not exceed 11% of the player’s gross annual income.”
During the autumn of 2009, the representative of PFC CSKA Moscow (the Club), contacted the Agent in order to discuss the Player’s possible transfer from the Dutch to the Club, which contact was followed by a meeting in late November 2009 between the Agent, the representative and the General Director of the Club. No contractual or financial terms...
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