The case revolves around a dispute between Perry Overeem, a Dutch football agent, and PAOK F.C., a Greek football club, concerning unpaid agent fees related to the signing of a coach and assistant coaches. The agreement stipulated a 10% fee for Overeem, with specific payment terms and conditions for early termination, and designated FIFA's competent committee for dispute resolution. When PAOK F.C. terminated the contracts, Overeem sought unpaid fees, initially filing a claim with FIFA's Players' Status Committee, which declined jurisdiction due to the dispute involving a coach's agent, not a player. Overeem then appealed to the Court of Arbitration for Sport (CAS), arguing that CAS should either act as an appeal body or handle the case through ordinary arbitration procedures.
The CAS ruled it could not act as an appeal body because FIFA's decision was based on lack of jurisdiction, not the merits of the case, and no prior substantive decision existed to appeal. Additionally, the CAS found it could not convert the appeal into an ordinary arbitration proceeding without a clear arbitration agreement explicitly granting it jurisdiction. While the parties had agreed to FIFA's jurisdiction, this did not extend to the CAS as a first-instance body. The CAS emphasized procedural differences between FIFA and CAS, noting that the parties' intent to resolve disputes through FIFA did not imply consent for CAS to act as a first-instance arbitrator. Consequently, the CAS declared itself incompetent to hear the case, leaving the dispute unresolved through its mechanisms.
Separately, the dispute involved the termination of the head coach's contract by PAOK F.C., which the coach challenged, claiming wrongful termination and pressure to resign. The case was initially ruled in the coach's favor by the Hellenic Football Federation (HFF), but PAOK F.C. appealed, leading to a partial acceptance by the Civil Appeal Court of Athens and a remand to the HFF's Appeal Division. Overeem also pursued a claim for unpaid commissions through FIFA, which rejected it, prompting an appeal to CAS. The CAS proceedings were suspended and later resumed, with both parties presenting arguments. Overeem sought payment of commissions, interest, and legal costs, while PAOK F.C. argued for dismissal or suspension pending resolution by Greek courts.
The CAS Sole Arbitrator ultimately concluded that CAS lacked jurisdiction, as the agreement did not clearly grant it authority, and the appeal could not be converted into an ordinary arbitration request. The decision highlights the complexities of jurisdictional boundaries in sports disputes and underscores the necessity of clear contractual terms for dispute resolution. The case remains unresolved through CAS, emphasizing the importance of precise arbitration agreements and adherence to procedural rules in sports-related legal conflicts.