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

What do you think will be the outcome of the CAS hearing?

  • Two-year ban upheld

    Votes: 197 13.1%
  • Ban reduced to one year

    Votes: 422 28.2%
  • Ban overturned and City exonerated

    Votes: 815 54.4%
  • Other

    Votes: 65 4.3%

  • Total voters
    1,499
Status
Not open for further replies.
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!
 
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.
 
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...
 
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.
 
Status
Not open for further replies.

Don't have an account? Register now and see fewer ads!

SIGN UP
Back
Top
  AdBlock Detected
Bluemoon relies on advertising to pay our hosting fees. Please support the site by disabling your ad blocking software to help keep the forum sustainable. Thanks.