Dispute over Diadie Samassekou: The midfielder’s former advisors are demanding 250,000 euros plus interest from TSG Hoffenheim for his transfer from Salzburg. In the first instance, the Heidelberg Regional Court had ruled in favour of the Bundesliga club. Now the parties will meet at the Karlsruhe Higher Regional Court (OLG).
Months before TSG presented Samassekou on 15 August 2019, his former agency Classico Sports Management from France was in contact with the Kraichgauer. In January, according to the first-instance ruling, Alexander Rosen had contacted the French firm, which then brought the midfielder from Mali, then in the service of RB Salzburg, into play as a potential new arrival. “Between April and June 2019, there was no communication between the parties about the player,” the LG’s statement of facts reads. Samassekou had developed into one of the strongest six-men in the Austrian Bundesliga at Salzburg in 2018/19 and was eyeing the next step at the time.
“Agency Fee: Each season: € 250,000,00, payable in September “
Obviously, the professional then changed advisors in July 2019. Now the question is: Is Classico, who also represent ex-Dortmund and Mainz player Abdou Diallo, now at Paris St Germain, entitled to a commission for the transfer worth at least €12 million? Between 7 July and 14 July, according to the LG judgement, a lot happened: In the end, “the witness xxxx sent an e-mail containing time and financial key data for an employment contract with the player xxxx. With regard to the applicant’s work, the e-mail contained the following passage: ‘Agency Fee: Each season: € 250,000.00, payable in September'”. Thus, for the five-year contract that the 26-year-old later signed with the Bundesliga seventh-placed team, a total of € 1.25 million would have been due to the agency had it been concluded with Classico.
But: Classico told Hoffenheim on 17 July that Samassekou now had another advisor. However, the French deny that the professional had already terminated his contract with them on 6 July. According to their account, Samassekou’s brother had asked Classico on 7 July to submit an offer within ten days – around a week before the Hoffenheim offer actually arrived by e-mail.
The first instance had shot down the claims of the consultant agency
Now the Frenchmen argue that a so-called evidence brokerage contract existed between them and TSG, because the Kraichgauer had contacted them in January about reinforcements for the midfield and a concrete offer was made later by e-mail. Classico is demanding 250,000 euros in commission. Based on Samassekou’s €2.7 million annual salary, that would be within the range.
The first instance, however, apparently saw things completely differently and rejected the claims: No evidence brokerage contract had arisen and Classico’s claim to commission from a possible brokerage contract lacked brokerage performance. The deal itself was handled by Mino Raiola in August, while Samassekou is now represented by the German agency Roof, which emerged from the merger of Arena11 and Spielerrat.
Both TSG and the Dortmund law firm Reiter & Kemmeries, which represents Classico, did not want to comment on the facts of the case, referring to the ongoing proceedings. And Samassekou himself could still be away at the Africa Cup next Wednesday, when the case is heard by the Karlsruhe Higher Regional Court, where he will face Equatorial Guinea in the last 16 with Mali this Wednesday at 8pm in Limbe.
