The case revolves around a dispute between FIFA-licensed agent J. and Italian football club Udinese Calcio S.p.A. concerning the transfer of player P. and the agent's exclusive rights to mediate future transfers. The core issue centered on the interpretation of Article 12(2) of the FIFA Players’ Agents Regulations, which imposes a two-year limit on commitments between agents and clubs or players. This rule is designed to prevent prolonged contractual obligations and potential abuses, applying regardless of whether a written proxy was issued or transactions were concluded. The dispute originated from a 1999 contract between Udinese and Chilean club Santiago Wanderers, which included Clause 8 granting J. exclusive rights to mediate future transfers of P. for a 10% commission. In 2000, Udinese acquired full ownership of P. and amended the agreement with J., adjusting the commission structure but not specifying the contract's duration. By 2005, J. attempted to enforce his rights by blocking transfers of P. without his involvement, but Udinese argued these rights had expired under FIFA's two-year limitation.
The Court of Arbitration for Sport (CAS) upheld the FIFA Players’ Status Committee's decision, ruling that J.'s exclusive rights were subject to the two-year limit under Article 12(2). The panel emphasized the mandatory nature of this provision, regardless of whether the contract was actively used. The CAS concluded J.'s claims were time-barred, as the contractual relationship could not extend beyond the stipulated two-year period. This decision reinforced FIFA's regulatory framework, ensuring clarity and fairness in agent-club relationships. The case also involved a 2005 transfer of P. to FC Internazionale Milano, which J. claimed entitled him to a commission. Udinese contested this, arguing the claim was inadmissible due to the expired contract and J.'s conflict of interest from a separate agency agreement with P. The CAS ruled the claim was filed within the two-year limitation period, as the cause of action arose in 2005 when the transfer occurred. However, the panel ultimately dismissed J.'s appeal, finding no merit in his arguments and upholding the FIFA decision. The case underscores the importance of adhering to contractual terms and regulatory frameworks in football transfers, particularly the strict two-year limit on agent-club agreements. The CAS's ruling clarified the application of FIFA regulations, ensuring protections for both players and clubs while maintaining fairness in contractual obligations. The dispute highlights the complexities of third-party representation in football transfers and the need for clear contractual terms to avoid prolonged legal conflicts.