UEFA FFP investigation - CAS decision to be announced Monday, 13th July 9.30am BST

[KS55]

And of course they couldn't 'start again' as there is a five year limit on investigations which is why they appear to have rushed it through on the very final day possible and possibly shot themselves in the foot doing so. Their reasons for doing that are anyones guess at the moment.

Whether they could start again is moot. Depends on whether the clock stops running when a referral is made. If it does they could start again, but if it doesn't. .........
No idea if this is in the rules or not!

 

[moomba]

However they can't judge something that hasn't been finalised, surely?
Until UEFA decide an outcome, there isn't anything to judge.

Yes there is. UEFAs referral of us to the adjudicatory chamber could be ruled against if they didn't follow their own processes when making that referral.

 

[Neville Kneville]

Yes there is. UEFAs referral of us to the adjudicatory chamber could be ruled against if they didn't follow their own processes when making that referral.

They also leaked stuff to the media, which is against their own rules.

 

[Kompany is King]

Nice reference! Not one for the kids, I feel.

Soap if not mistaken.

 

[The Light Was Yellow Sir]

Soap if not mistaken.

"This is the story of two sisters—Jessica Tate and Mary Campbell".

 

[blue b4 the moon]

"This is the story of two sisters—Jessica Tate and Mary Campbell".

Years ahead of it's time.

Wouldn't wash with today's youth.

 

[SWP's back]

However they can't judge something that hasn't been finalised, surely?
Until UEFA decide an outcome, there isn't anything to judge.

Course they can.

 

[SWP's back]

Yes. City have applied to the CAS seeking a ruling that the decision of UEFA's Investigatory Chamber to refer the matter to the Adjudicatory Chamber should be set aside on the grounds that the referral was procedurally flawed. The CAS has accepted the application and the arbitral process is going forward in the usual way. IIRC (no time to check), the CAS has reportedly clarified that UEFA's Adjudicatory Chamber can proceed notwithstanding that the arbitral process with respect to the Investigatory Chamber's referral is ongoing.

That will have no bearing on the progress of the CAS case. They'll decide whether the Investigatory Chamber's referral should be struck down owing to procedural flaws when the case reaches the appropriate stage, irrespective of whether or not the Adjudicatory Chamber has by then decided what to do about MCFC.

The established position is that the CAS will usually consider the possibility of appealing against a decision of the Adjudicatory Chamber to be a sufficient safeguard of the appellant's interests and will thus intervene based on procedural factors only when the ultimate appeal isn't a sufficient safeguard of those interests. And David Conn claimed that City are likely to fail based on a precedent where the CAS declined to strike down an award against AC Milan for procedural reasons, stating that Milan's interests were sufficiently safeguarded by the opportunity to raise the procedural issues in any subsequent appeal against the Adjudicatory Chamber's decision.

IMO, whether this would apply to City may not be as clear-cut as Conn supposes. I've read the full Milan ruling and it relates to a set of facts that differ from City's in a number of material respects. Moreover, in that ruling, the CAS reiterated its willingness to intervene on procedural grounds where necessary. Nonetheless, it's true that the latter situation is going to be an exception rather than the rule.

However, the bottom line is that anyone looking from outside - whether David Conn, me or anyone else - is guessing. The information currently in the public domain isn't adequate to allow us to form a properly considered view.

^^^^

What he said.

 

[BlueAnorak]

I would have guessed that the process is challengable, and would expect the club to do so.
However, I'm sure it was suggested at the time that this was not possible prior to completion of the whole process.

This backs that up - the referral from the investigatory committee to the adjudicatory committee (I think I have those the right way round) cannot be appealed.

https://www.theguardian.com/footbal...y-cas-appeal-uefa-ffp-referral-likely-to-fail

I wouldn't believe the Guardian or Conn if I were you.
If the process is flawed and that is what is being appealed. It is plainly obvious that 2 probably 3 FFP annex statements about process have been broken...

 

[BlueAnorak]

And of course they couldn't 'start again' as there is a five year limit on investigations which is why they appear to have rushed it through on the very final day possible and possibly shot themselves in the foot doing so. Their reasons for doing that are anyones guess at the moment.

Not true. In legal ruling like this, the normal win outcome is that the process clock would be reset and we go again, though there is a chance that the whole case could be kicked out.

 

[Centurions]

Years ahead of it's time.

Wouldn't wash with today's youth.

Damn, now I feel old. It ran from '77 to '81 so I was already working :(

 

[Manchester_lalala]

Gone very quiet on this.

 

[Newman Noggs]

Gone very quiet on this.

Lull before the storm. Keep the hatches battened down.

 

[give it to gordon]

Gone very quiet on this.

Once we start getting close to the dipperpool and scum games it will kick of again....

 

[lancs blue]

Gone very quiet on this.

The main reason it's quiet is that while our appeal is being considered by CAS it means UEFA have to cut down on their "leaks" to the media to abide by CAS's confidentiality regs.

 

[nmc]

Not true. In legal ruling like this, the normal win outcome is that the process clock would be reset and we go again, though there is a chance that the whole case could be kicked out.

Civil courts do however tend to take a grim view of organisations that can’t follow their own procedures. It’s not the respondent who’s frustrated the process ! I honestly think UEFA are looking for a way out - I doubt City are accommodating - so a technical legal breach of process is their best hope

 

[bobbyowenquiff]

Gone very quiet on this.

Well the extension of the arrest warrant for Rui Pinto the hacker has apparently been confirmed. He isn't getting out anytime soon and that's good news for City because I don't think UEFA can act till they know the outcome of this expanding investigation. This has not been reported in the biased UK media of course because it doesn't suit their anti-City narrative.

https://www.theportugalnews.com/news/european-warrant-extended-for-football-leaks-hacker/51080

 

[cleavers]

Gone very quiet on this.

The new BBC article will kick it off again no doubt.

"Man City have assembled first 1 billion euro squad", I'm not linking it.

 

[nmc]

Well the extension of the arrest warrant for Rui Pinto the hacker has apparently been confirmed. He isn't getting out anytime soon and that's good news for City because I don't think UEFA can act till they know the outcome of this expanding investigation. This has not been reported in the biased UK media of course because it doesn't suit their anti-City narrative.

https://www.theportugalnews.com/news/european-warrant-extended-for-football-leaks-hacker/51080

The Pinto case is key on a couple of fronts... his likely conviction will undermine the evidence he has obtained but, more importantly, I very much doubt he’s acted alone in this process. He may have obtained the leaks himself but he will have had contacts within the sport who have paid him for info. etc. I doubt by the end of his trial that we will be the only ones in the dock... as much as anything the judicial process will no doubt take a wider look at the leaks which simply cannot be all about us - common sense tells you that there’s other clubs with much bigger skeletons in the cupboard.

 

[bobbyowenquiff]

The Pinto case is key on a couple of fronts... his likely conviction will undermine the evidence he has obtained but, more importantly, I very much doubt he’s acted alone in this process. He may have obtained the leaks himself but he will have had contacts within the sport who have paid him for info. etc. I doubt by the end of his trial that we will be the only ones in the dock... as much as anything the judicial process will no doubt take a wider look at the leaks which simply cannot be all about us - common sense tells you that there’s other clubs with much bigger skeletons in the cupboard.

Totally agree. It would be an amazing risk for UEFA to punish us without knowing the full context of all the hacked data. They can't possibly have seen all the data and emails. It is said to be one of the biggest data hacks of all time. The Pinto case is now a huge international police investigation. In Portugal it goes right up to Government level. UEFA must be looking for a way out. If they lost a civil case to City it could cost them hundreds of millions in damages and costs. We could argue that they have damaged our worldwide brand. It looks like all UEFA have is a few out of context reports in Der Spiegel (I doubt if they have even seen the actual emails)