I’ve actually been thinking about this myself.
We were cleared and signed off by UEFA from 2013-14 up to 2015-16 for complying with FFP in that period. But it was complying with FFP in respect of not incurring losses in that time period.
UEFA say they have “evidence” that we have gone against FFP regulations in that time period in another way than not incurring losses... City say that can’t be looked at as we were already signed off by UEFA for that time period but are City right? Were were we signed off for all FFP related issues or just compliance with not incurring losses?
Can that case be re-opened if it’s a different kind of FFP rule breaks?
City also say the “evidence” has been illegally obtained and that what the “evidence” shows is not the actual reality... this may be true, but can UEFA still open up investigations into it?
Under normal circumstances I imagine the time period can’t be re-opened, having previously been given the green light. Presumably -
if UEFA can prove misrepresentation or fraud - it would be a different ball game.
If our owner did make good the sponsorship gap, as UEFA appear to maintain, they would argue that Etihad are actually a related party. That means sponsorship should have been tested under the market fairness rule and doubtless capped at a much lower amount. In such a case our operating losses would have been higher and hence in breach of FFP.
So the crux of the issue remains this: who made up Etihad’s shortfall? Was it the state government, in which case we are hopefully in the clear, or was it Sheikh Mansour/ADUG, in which case things might be tougher? That’s assuming all other things being equal, of course, including time bars and other technicalities.
In effect I think Conn is saying that, if we did get turned over on the above point, then our P & L would be impacted from 2016 onward. That would result in further financial breaches. (It would not fall offside of the 5-year rule.)
As a side issue, if we do win on this point, we’re effectively admitting to the court of football opinion that we are indeed oil state sponsored :-(