The case involves an appeal by Trevor McGregor Steven, a licensed football players' agent, against a decision by FIFA's Disciplinary Committee, which found him guilty of violating FIFA's Players' Agents Regulations. The dispute arose from Steven's payment of GBP 23,000 to an unlicensed individual, Mr. Valja, in connection with the transfer of a player to Middlesbrough FC. FIFA imposed a warning and a fine of CHF 10,000, a decision upheld by the FIFA Appeal Committee, prompting Steven to appeal to the Court of Arbitration for Sport (CAS). The central issue was whether Steven's payment to Mr. Valja breached FIFA regulations, with Steven arguing that Mr. Valja merely provided an introduction and did not engage in agency work, while FIFA contended the payment involved an unlicensed individual in a transfer-related transaction.
The CAS panel examined whether Mr. Valja's actions qualified as agency work under FIFA's definition, which requires active involvement in negotiations or transfers. The panel found that Mr. Valja only introduced the player to Steven and did not participate in negotiations or transfers, activities exclusive to licensed agents. The panel also noted that FIFA's regulations permit licensed agents to pay fees for introductions if the third party is not engaged in agency activities. The amount of the fee and the absence of a formal agreement were deemed irrelevant to determining a violation.
FIFA argued that the payment's size suggested unlicensed agency work and claimed an oral contract existed under Swiss law, but the panel found insufficient evidence to support these claims. The panel concluded that Mr. Valja's actions did not meet the definition of a players' agent, and thus Steven did not violate FIFA regulations. The CAS upheld Steven's appeal, overturned FIFA's decision, and dismissed all other claims. The case highlights the distinction between permissible introduction fees and prohibited unlicensed involvement in player transfers, clarifying the boundaries of acceptable practices for licensed agents under FIFA's regulatory framework. The outcome has implications for how agents conduct transactions and interact with third parties in future transfers.