The case involved a contractual dispute between Sporting du Pays de Charleroi, a Belgian football club, and David Dudu Dahan, a FIFA-licensed football agent, regarding unpaid fees for services rendered in a player transfer. The dispute centered on a 2010 agreement stipulating that the club would pay Dahan €50,000 in two installments for facilitating the transfer of a player. While the first installment was paid, the club refused to pay the second €25,000 installment, arguing the contract was void under Belgian law regulating job placement agencies. Dahan filed a claim with FIFA’s Players’ Status Committee (PSC), which ruled in his favor, ordering the club to pay the outstanding amount plus interest. The club appealed to the Court of Arbitration for Sport (CAS), contesting the validity of the contract and Dahan’s standing to claim payment.
The CAS upheld the PSC’s decision, rejecting the club’s arguments. It ruled that Belgian labor laws did not apply because Dahan was not regularly active in the Belgian market, and the contract was valid under FIFA’s Players’ Agents Regulations. The CAS emphasized that Dahan, as a licensed agent, was entitled to the payment, and the player had authorized the club to pay the agent on his behalf, complying with FIFA rules. The club’s counterclaim for reimbursement of the first installment was dismissed as time-barred. The CAS also clarified that counterclaims in appeal arbitration proceedings are inadmissible under its code.
The arbitrator further noted that national laws like Belgium’s Walloon Decree and Swiss regulations on job placement agencies were irrelevant, as they only apply to agents regularly operating in those markets. Since Dahan’s activities were international and not confined to Belgium, the contract remained enforceable. The CAS affirmed the FIFA Single Judge’s decision, ordering the club to pay the €25,000 plus interest and share the arbitration costs. The ruling reinforced the primacy of FIFA regulations in football-related disputes and the limited reach of domestic labor laws in international player representation agreements. The case underscored the importance of honoring contractual obligations in football transfers and the autonomy of sports arbitration in resolving such disputes. The CAS dismissed the club’s appeal, upholding the validity of the agreement and the agent’s right to payment.