The case involves a dispute between Genoa Cricket and Football Club S.p.A (GCFC) and football agent Gary Porter regarding Porter's entitlement to a commission for facilitating the transfer of player Juraj Kucka from Sparta Prague FC to GCFC. The appeal was brought by GCFC against a FIFA Players' Status Committee decision that ruled in favor of Porter. The central issue was whether Porter was the "effective cause" of the transfer, justifying his commission under the agency contract. GCFC argued that Porter's involvement was minimal, claiming that Andrea Berta, a consultant for GCFC, facilitated the negotiations. However, GCFC failed to provide sufficient evidence, such as witness statements or new documentary evidence, to support its claims.
Porter provided a detailed account of his involvement, stating he had known the player’s agent, Emil Kovarovic, for years and had discussed the player’s potential transfer to top European leagues. Porter arranged meetings between Berta and Kovarovic, facilitated discussions in Prague, and played a key role in persuading the player and Sparta Prague to finalize the transfer. He also coordinated communication between the parties and ensured the player’s acceptance of the move. A representation mandate signed on the day of the transfer outlined Porter's commission, which included a lump sum of €300,000 plus VAT and an 8% fee on any future transfer exceeding €3.5 million.
The Court of Arbitration for Sport (CAS) Panel evaluated the evidence and legal principles, emphasizing that an agent is entitled to remuneration only if they are the effective cause of the transaction. The Panel found Porter’s account credible, concluding his involvement was instrumental in securing the transfer. It rejected GCFC's arguments, noting the club's failure to substantiate its claims or comply with procedural rules, such as providing a summary of expected testimony from Berta. The Panel also dismissed GCFC's contention that Porter's absence from transfer documents invalidated his claim, as there was no designated space for his signature.
The CAS upheld FIFA’s decision, affirming Porter’s right to the commission and ordering GCFC to pay the €300,000 plus 5% annual interest from September 15, 2011, and CHF 8,000 in legal costs. The ruling underscored the importance of an agent’s direct and substantial contribution to a transfer in justifying their claim to payment. The Panel dismissed GCFC's appeal and all other motions, emphasizing the need for procedural compliance and transparency in arbitration proceedings. The case highlights contractual disputes in football transfers, particularly regarding agent commissions and regulatory compliance.