The case revolves around a dispute involving Octavian Marin, a FIFA-licensed players' agent, and Romanian football clubs CSS Resita and S.C. CSM Resita, later merged into FC Universitatea Craiova, concerning a solidarity payment related to the transfer of player C. from Ajax Amsterdam to AS Roma. Marin had a representation contract with the clubs, registered with the Romanian Football Federation (FRF), granting him exclusive rights to act as the agent and entitling him to 15% of the solidarity payment. The contract was governed by Romanian law and international regulations. AS Roma initially acknowledged the payment obligation but later shifted responsibility to Ajax Amsterdam, citing a transfer agreement. Marin pursued the payment through repeated communications with AS Roma and involved FIFA, which ultimately ordered AS Roma to pay the solidarity contribution by specified deadlines. However, the payment was delayed, and the president of CSM Resita accused Marin of unprofessional conduct, threatening legal action.
FIFA directed AS Roma to pay €207,188.98 to CSM Resita and €207,737.70 to CSS Resita by April 22, 2004, but payments were not made. Marin set a final deadline of April 30, 2004, and threatened formal FIFA proceedings. The president of CSM Resita, Vlad Rebega, delayed the process and threatened legal action against Marin. Marin continued efforts, involving FIFA and the FRF, and by August 2004, the case was referred to FIFA’s Dispute Resolution Chamber. It was revealed that CSM Resita had merged with FC Universitatea Craiova, which assumed its debts and rights, including the solidarity payments. FIFA ruled on February 4, 2005, that AS Roma must pay €98,560 to FC Universitatea Craiova, €206,800 to CSM Resita, and €208,560 to CSS Resita within 30 days. AS Roma eventually transferred the funds to the FRF’s account in April 2005. Marin, representing CSS Resita, agreed to receive the payment via the federation after initially insisting on direct transfer.
Marin sought his 15% agent fee from FC Universitatea Craiova but received no response. He filed complaints with the FRF in June and November 2005, but the issue remained unresolved. The FRF initially dismissed Marin’s claim, arguing the payment was owed to AS CSM Resita, not S.C. CSM Resita, and that only AS CSM Resita's obligations had transferred to FC Universitatea Craiova. Marin appealed, contending FC Universitatea Craiova had assumed all rights and obligations of S.C. CSM Resita, including the representation contract. The FRF’s Federal Appellate Commission rejected the appeal, citing a unilateral termination of the contract by S.C. CSM Resita in May 2004. Marin then appealed to the Court of Arbitration for Sport (CAS), arguing the revocation was invalid and that he was entitled to compensation for his services.
The CAS ruled in favor of Marin, concluding his representation contract remained valid despite the club’s attempts to terminate it. The panel found Marin acted in good faith, relying on the FRF’s public register, and played a decisive role in securing the solidarity payment. The club failed to provide evidence of independent efforts to obtain the payment, and the panel dismissed their claims regarding the termination of Marin’s contract. The CAS affirmed that FC Universitatea Craiova inherited the rights and obligations of CSM Resita, including the right to the solidarity payment, and rejected the club’s argument that the payment was due to a different entity. The panel ordered S.C. Univstiinta Fotbal Craiova S.A. to pay Marin €31,020 (15% of the solidarity payment) within two weeks, with a 5% annual interest penalty for late payment. The decision overturned the FRF’s earlier ruling and upheld Marin’s claim, emphasizing the importance of adhering to contractual and regulatory obligations in football-related disputes.