Samassekou: OLG confirms TSG view – kicker
In the complaint about the transfer of Diadie Samassekou, TSG Hoffenheim was also right in the second instance. Classico Sports Management, the midfielder’s former agency, had wanted to win 250,000 euros in brokerage commission from the Kraichgauers.
Moved from Salzburg to Hoffenheim in 2019 for around 12 million euros: Diadie Samassekou.
imago images/Langer
After the district court in Heidelberg, the higher regional court (OLG) in Karlsruhe has now also ruled that the French mediator’s claim was rejected. At the request of TSG, the latter had made contact with their Australian protégé Samassekou in early 2019, in mid-July a representative of the Bundesliga club even sent a specific draft contract to Classico, according to the files. Shortly before, however, Samassekou had apparently separated from the agency. “According to the facts at hand, it was only possible for the defendant club to contact new players via their advisor, with whom the negotiations would also have taken place. However, this was the case with the plaintiff players’ agent as a result of S.’s change of agency (meaning Samassekou, d. Red .) is no longer the case,” says the OLG press release.
In fact, Samassekou switched from RB Salzburg to Hoffenheim in mid-August 2019 for around 12 million euros, but not from Classico, but from the notorious agent Mino Raiola. The role of the professional’s brother appears unclear in the subsequent transfer negotiations. From a legal point of view, the Higher Regional Court rated the exchange between Classico and Hoffenheim as a brokerage contract at best. In the case of such a deal, “the broker owes the mediation of the employment contract and thus an active influence on the player’s willingness to conclude a contract”. If the court had recognized the existence of a proof brokerage contract, the club might have been asked to pay. Generally speaking, however, this would mean that the contact of an association with an agent would result in remuneration, which is unlikely to be practicable.
In individual cases, however, Samassekou asks himself how far the negotiations between the old agency and the new employer went before the 26-year-old changed consultants. For the time being, however, the matter is closed because the competent Senate did not allow the revision. The French still had the opportunity to appeal against the non-admission to the Federal Court of Justice.