The Zirkzee issue and the commissions requested by his agent, Kia Joorabchian for his transfer are the main topic of the Milan transfer market. 15 million euros which is equivalent to 37.5 of the cost of the price tag: an enormity. But is all this possible? To shed light on the issue linked to transfers and club-footballer-agent relationships, we spoke about it with the lawyer Happy Raymond, specialized in sports law and author of 4 books on football and the rules that govern it. With particular attention to the affairs of Milan, where he edits a legal/economic in-depth blog on the Rossoneri. Exclusively for MilanNews.it.
In the market narrative, the role of the “big bad wolf” is currently being played by the agent who would actually hinder the transfer. But is this legally possible? Or does the player actually have to be aware of this fee and approve it?
“It is not possible for an agent to prevent the conclusion of a transfer negotiation. The player always has the last word and, therefore, endorses and tolerates the ways in which he is represented. Otherwise the fiduciary bond underlying the mandate, with its revocation”.
From 2025 we read that the situation will change with ceilings set for commissions. What will change in practice in club-agent-player relationships?
“If the European Court of Justice deems the legislation established by FIFA to be legitimate, from 2025 the old powers of attorney renewed by 10/1/23 will expire and, therefore, the new commission ceilings will be definitively applied. That is, 3% of the gross compensation without bonus (fixed base only) in cases where the mandate is entrusted only to the player or only to the purchasing company; 6% gross of the gross compensation without bonus (fixed base only) in cases where the mandate is entrusted to the player and also to the purchasing company; 10% of the value of the card in cases where the mandate is entrusted to the transferring company”.
