The case revolves around a dispute between Roberto Calenda, a licensed football agent, and Sport Lisboa e Benfica Futebol, SAD, a Portuguese football club, concerning a payment claim of €700,000 based on a declaration related to a player transfer. In August 2005, Benfica's then Managing Director, José Veiga, sent a fax titled "Declaração" on the club's letterhead, committing to pay Calenda €700,000 for his services in facilitating the transfer of a Greek player. However, no further correspondence occurred until August 30, 2005, when Benfica signed an employment contract with the player and a separate agreement with Jetcrown Consultants Ltd. (represented by Calenda) for €1.8 million, which was duly paid.
In 2007, Calenda filed a claim with FIFA's Players' Status Committee, arguing that the August 21 declaration constituted a binding contract. The Committee rejected the claim, ruling that the declaration was a preliminary document lacking final terms and not signed by authorized representatives of Benfica's board. The Committee emphasized that under Swiss law, which governs the dispute, a binding contract requires mutual intent to create legal obligations. The declaration was deemed an expression of intent rather than a finalized agreement, especially since a subsequent formal agreement was executed.
Dissatisfied with FIFA's decision, Calenda appealed to the Court of Arbitration for Sport (CAS). The CAS Panel confirmed its jurisdiction, as all internal legal remedies within FIFA had been exhausted. The Panel's mission was to review the FIFA Committee's decision and determine whether the declaration constituted a binding contract under Swiss law. The Panel concluded that the declaration was not intended to be legally binding but rather a preliminary document to facilitate negotiations. This interpretation was supported by the declaration's wording, which used terms like "declaration" rather than "contract," and the absence of signatures or final terms. Additionally, the Panel noted that even if the declaration were considered a contract, it would be superseded by the subsequent agreement with Jetcrown Consultants Ltd., which involved the same services and negotiations. Calenda, as a director of Jetcrown, had signed the later agreement, making it illogical to claim remuneration twice for the same services.
The CAS Panel upheld the FIFA Committee's decision, dismissing Calenda's appeal and concluding that he had no right to the claimed €700,000. The ruling rendered further examination of other arguments, such as Veiga's authority or potential violations of mandatory rules, unnecessary. The case underscores the importance of clear contractual terms and authorized signatories in establishing legally enforceable obligations, as well as the role of arbitration in resolving sports-related disputes. The Court of Arbitration for Sport dismissed the appeal and all further claims.