The case involves a dispute between Club Gaziantepspor, a Turkish football club, and Dino Lamberti, a licensed players’ agent, over unpaid commissions related to the transfer of player Önder Cengel. The agreement, signed on 22 June 2006, required the club to pay Lamberti a lump sum of CHF 200,000 within five working days of receiving the player’s International Transfer Certificate (ITC) and an additional 10% of the player’s annual net salary for three years, provided the player remained in the squad. The player’s contract ran from 1 July 2006 to 30 June 2009, with a total net salary of CHF 900,000. Lamberti filed a claim with FIFA’s Single Judge of the Players’ Status Committee on 9 November 2006, alleging non-payment of the agreed commissions. He sought CHF 295,000, including the lump sum, salary-based commissions, and legal expenses. The club failed to respond to FIFA’s requests for a defense. On 5 March 2010, the Single Judge partially accepted Lamberti’s claim, awarding CHF 245,000. This included the CHF 200,000 lump sum with 5% interest from 1 July 2006 but reduced the salary-based commission from 10% to 5%, citing common practice and lack of evidence that the player remained in the squad. The judge also denied Lamberti’s claim for legal expenses.
The club appealed to the Court of Arbitration for Sport (CAS), arguing that payment conditions were unmet and that the Single Judge overstepped by modifying contract terms. The CAS panel, led by sole arbitrator Manfred Nan, upheld the Single Judge’s decision, emphasizing the principle of good faith under Swiss law. The panel noted the club’s failure to contest the claim or prove the player’s exclusion from the squad, supporting Lamberti’s entitlement. The panel also affirmed the ne ultra petita principle, stating it could not grant relief beyond the appeal’s scope. The CAS upheld the award, requiring the club to pay Lamberti CHF 200,000 plus interest, along with reduced commissions of CHF 12,500, CHF 15,000, and CHF 17,500 for the respective seasons, plus procedural costs.
The Sole Arbitrator further clarified that Lamberti was entitled to the lump sum and a 5% commission for the 2006/2007 season, as the player was registered on 1 July 2006. However, the arbitrator found insufficient evidence to prove the club acted in bad faith, which would have entitled Lamberti to commissions for subsequent seasons. The arbitrator upheld the Single Judge’s reduction of the commission from 10% to 5%, as Lamberti did not appeal this adjustment. The final amount awarded was CHF 212,500, with 5% interest from 1 July 2006, payable within 30 days of the award’s issuance. The decision reinforced the enforceability of contractual terms and the role of CAS in resolving football-related disputes.