Ok so this will be my last post on the matter because condescending members like you that speak about a subject they obviously know NOTHING about have a tendancy to severaly piss me off.
1st : I don't give a damn about what journalists post, they're not lawyers.
2nd : I "only posted one irrelevant FIFA regulation" that is totally relevant because it specifically say that any agent acting on behalf of a player in a transaction must file his intermediary contract on the FA plateform.
Want more? There you go :
Applicable regulation in Italy :
art17.6 of the REGOLAMENTO CONI AGENTI SPORTIVI (I'm sure you can figure out what it means) :
6. Gli agenti sportivi forniscono i propri servizi sulla base di apposito contratto di mandato redatto in forma scritta, anche nel rispetto di quanto previsto al successivo art. 21, comma 8, del presente Regolamento
"6. Sports agents provide their services on the basis of a specific mandate agreement drawn up in writing, also in compliance with the provisions of the following art. 21, paragraph 8, of these Regulations"
About the applicable law in France, an article from the Bignon Lebray, one of the french leading business/sports law firm :
"Pour rappel, l’activité d’agent sportif est strictement encadrée par les articles L.222-7 et suivants du code du sport parmi lesquelles figurent l’obligation de signer entre l’agent sportif et son cocontractant un contrat écrit prévoyant diverses mentions relatives à la rémunération due à l’agent."
Google trad : As a reminder, the activity of sports agent is strictly governed by articles L.222-7 and following of the sports code, among which is the obligation to sign between the sports agent and his co-contractor a written contract providing for various mentions relating to to the remuneration due to the agent
The relavant provision is article L222-17 of the code du sport.
Is that enough?
3rd : You, again, totally misinterpreted this decision
What the dutch court ruled on : even if a valid written contract wasn't signed as it should have been under italian regulations, the absence of such contract doesn't mean a contract doesn't exist under dutch civil law
What the dutch court did NOT rule on : not having a contract complies with the italian/FIFA regulations regarding the agent activity in Italy and you can conduct your activity as an agent without signing any.
It's even specifically written in the article you posted. You CAN have a contract under dutch law without complying with FIFA regulations. It means that from a civil law standpoint the contract exists but the federation can impose sanctions (being, in england for exemple, the player not being registered) because you didn't comply with their regulations :
"
The position of SEG *** tacitly not to conclude a mediation agreement on the basis of the regulations of FIFA, KNVB and FIGC is not decisive. These provisions of regulation within a particular sport are not equivalent to legislation. However, they can have disciplinary consequences within the sports federation to which the intermediary belongs. "
So why was SEG allowed to act in this transaction without having a contract with De Vrij you'll ask me? Because they had a contract, but with Inter Milan.
If an agent wants to properly represent a player, he MUST sign a contract to comply with the italian federation regulations.
"It's a common business practice for top agents like SEG and Raiola. They get paid by the clubs on the contracts the player signs for the club. The agents are named on those contracts as mediators. That's their business model. It's how Raiola negotiates millions for himself on the transfers. He's doesn't have a fixed rate through a contract with a client. If you're read even on 1 article on the De Vrij v SEG case (or the actual ruling), this would've been explained to you. "
Yes, it's pretty often used by agents to get more money from both clubs and players. But that's not the only thing Raiola did. How do I know that? Well simply because since the french FFF (and the FA) forces agents to publish agreements, the type of contract is open data :
Here you can clearly see that Raiola has 3 ways contracts with some players/clubs but regular agent contracts with players like Donnarumma.
I think I've wasted enough time now, bye.