While a mere information or the communication of intention cannot be considered to be a decision and are not appealable, the heading of a letter does not necessarily rule out that the letter is to be regarded as a “decision”. The essence is whether the correspondence is based on an animus decidendi.
Facts/Procedure
On 1 April 2006, Mr Zbynek Pospech (the Player) concluded a Mandate Contract with Mr Ondrej Chovanec (the Agent), a licensed Players’ Agent until 31 March 2008. On 1 February 2008, the Player negotiated an Employment Contract alone because the Agent was offering him poorer conditions with other Clubs. The Agent then told the Player that concluding a contract informing him constituted a breach of the Mandate Contract and therefore, the Agent was entitled as per the Mandate to receive a contractual fee. The Agent then lodged a claim before the Czech Arbitral Commission (AC FACR), requesting such...
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