City & FFP | 2020/21 Accounts released | Revenues of £569.8m, £2.4m profit (p 2395)

[@BluePhil8]

Re: City & FFP (continued)

http://m.bbc.co.uk/sport/football/27321690

Latest.

Doesn't say a lot just that no agreement is reached and we are still far apart in negotiations.

 

[blueinsa]

Re: City & FFP (continued)

Should the uk govenment get involved as surely these financial penalties will effect the continuing redevelopment of the area and jobs which have been and will be created by City investing in east Manchester.

Farage will be all over it :-)

 

[George Hannah]

Re: City & FFP (continued)

....I'm just sitting back until some truth comes out on this. Whole load of scaremongering and exaggerating, it sounds to me.

[/URL]

you're following Tolmie's lead then?

 

[Prestwich_Blue]

Re: City & FFP (continued)

Should the uk govenment get involved as surely these financial penalties will effect the continuing redevelopment of the area and jobs which have been and will be created by City investing in east Manchester.

Prince Philip is on the phone to Platini as we speak, issuing dark hints that he sorted Diana out and he'll do the same to him. Charles is writing a letter and Harry is on alert to take Platini and the Investigatory Panel out on a bender and get them so drunk they agree to let us off.

 

[lancs blue]

Re: City & FFP (continued)

Should the uk govenment get involved as surely these financial penalties will effect the continuing redevelopment of the area and jobs which have been and will be created by City investing in east Manchester.

Farage will be all over it :-)

He's the last fucker we need on our side.

 

[Neville Kneville]

Re: City & FFP (continued)

Should the uk govenment get involved as surely these financial penalties will effect the continuing redevelopment of the area and jobs which have been and will be created by City investing in east Manchester.

I would expect pressure of some sort from Cameron if we're treated badly. However it wont happen until any official announcement of sanctions if it does.

I would have hought that Abu Dhabi have more friends in Europe than Cameron, by a big distance.

 

[aguero93:20]

Re: City & FFP (continued)

Should the uk govenment get involved as surely these financial penalties will effect the continuing redevelopment of the area and jobs which have been and will be created by City investing in east Manchester.

I would expect pressure of some sort from Cameron if we're treated badly. However it wont happen until any official announcement of sanctions if it does.

I would have hought that Abu Dhabi have more friends in Europe than Cameron, by a big distance.

Of course they would, however imo the Tories must be very happy to have Mansour paying for the work in E Manchester so it doesn't come out of their budget.

 

[Wilf Wild 1937]

Re: City & FFP (continued)

I am 90% certain that CAS will find in our favour but if they don't and we take it through the European Courts
does anybody know if we could get an injunction preventing the CL taking place until a decision is made?
I'm assuming that we've been banned by that stage. Legally speaking just how dirty can we fight on this?

 

[Chris in London]

Re: City & FFP (continued)

CAS are superior to UEFA and have jurisdiction over them. They can order UEFA to change rules/regulations, strike out/increase punishments etc etc, the only thing they can't do is apply criminal charges, only a sovereign court can do that.

It cannot however make a definitive finding that FFPR is/is not compliant with EU law, especially competition law. Only the ECJ can do that. In other words, we might win in the CAS with an argument that FFPR breaches competition law but lose in the ECJ, or we might lose on that point in the CAS but win in the ECJ.

Personally, I think unless the EU law arguments were absolutely clear cut the CAS would probably approach the matter on the basis that FFPR are not unlawful under EU law, unless and until the ECJ ruled otherwise. That said, where a national court is asked to resolve a difficult question of EU law it has the power to refer the EU law question to the ECJ for determination. I don't know if CAS has the same power, or whether the ECJ would accept a reference from CAS for a ruling. But if CAS can do that it wouldn't surprise me if they did.

I'm wary of taking a different view to you Chris but it's my understanding that CAS is a Swiss court effectively and operates under Swiss law. They aren't in the EU but CAS does comply with ECHR. The only right of appeal is to a Swiss Federal court and then only on the basis of process, rather than a point of law. So I doubt there would be any ability to refer cases to ECJ.

You are right about CAS being a swiss body and an appeal lying from CAS to Swiss Federal court, but a reference to the ECJ is not an appeal per se, it is a request for a ruling. As I say, I just don't know whether CAS has the power to refer EU law questions to the ECJ or whether the ECJ has the power to accept references from CAS.

It would actually be a more curious situation if references were not admissible by the ECJ than if they were. Plainly, UEFA operates within the EU (albeit not exclusively) and therefore has to comply with EU law. If it did not, it would be operating illegally within the EU member states that are also members of UEFA. City are entitled to rely on provisions of EU law in dealing with UEFA for the simple reason that if UEFA don't want to be subject to EU law they take their competition and play it where EU law doesn't apply. That is a non starter for obvious reasons.

So given that City are able to rely on EU law in the CAS, and the CAS is not and cannot be the final arbiter of EU law, it follows that you could have conflicting judgments - one saying one thing in the CAS, the other saying something contrary in the ECJ. I don't think either court would welcome such a situation.

Having thought about it more, even assuming there cannot be a reference to the ECJ it may be that you get to the same point by a different route - e.g. by the CAS adjourning any proceedings involving City and UEFA until a case can be heard in the ECJ deciding that FFPR does/does not offend EU competition law.

 

[aguero93:20]

Re: City & FFP (continued)

I am 90% certain that CAS will find in our favour but if they don't and we take it through the European Courts
does anybody know if we could get an injunction preventing the CL taking place until a decision is made?
I'm assuming that we've been banned by that stage. Legally speaking just how dirty can we fight on this?

Of course we can, it's standard to suspend a punishment if there's a question of the punishments legality. If you don't plead guilty you have to be proven guilty in court before being punished, simple as.