aguero93:20
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Re: City & FFP (continued)
This would not apply only if (as was not shown) the rules went beyond what is necessary to ensure the proper conduct of competitive sport (e.g. by imposing excessively severe penalties)."
(A line from his paper)
Bit of an open question this, it was in the context of a larger discussion:
In light of the reported punishments for the football clubs PSG and Manchester City rumoured in the media this week (in particular fines of £50,000,000 and upwards) is there really any possibility in your opinion that UEFA could convince the ECJ that these rules are supposed to protect football clubs with precarious finances? After all, fining somebody who is losing money, especially at such large amounts seems to defeat the purpose, especially when you take into account that there are no provisions within the regulations to prevent clubs becoming overly leveraged with debt, a far bigger danger.
EDIT: to the last line, yes, as do a lot of other legal minds I've spoken to.
Sorry mate! :)bluemoondays said:Not sure what the question was to the answer above ;-) but my understanding is that he is saying we are being punished excessively for having rich owners and, furthermore, he seems to think this is strange (potentially unworkable is the impression I get).aguero93:20 said:Not bothered going back and looking for my post but Steven, the Oxford law professor who wrote that paper on how EU law and FFP could co-exist got back to me on how UEFA could justify the linked sanctions :
He was playing Devil's advocate with that paper methinks.Lots of open questions!
I think the argument would probably be that Man City and PSG don't have precarious finances only because they have sources of income that are unrelated to their earning power as a football club - i.e. that they are the recipients of 'financial doping'. So the sanction is meant to deter/ punish, under an assumption that they can pay because they have resources in the background which FFP treats as in effect illegitimate
It's all a bit crude/ odd, i admit
best
steve
Does that sum it up?
This would not apply only if (as was not shown) the rules went beyond what is necessary to ensure the proper conduct of competitive sport (e.g. by imposing excessively severe penalties)."
(A line from his paper)
Bit of an open question this, it was in the context of a larger discussion:
In light of the reported punishments for the football clubs PSG and Manchester City rumoured in the media this week (in particular fines of £50,000,000 and upwards) is there really any possibility in your opinion that UEFA could convince the ECJ that these rules are supposed to protect football clubs with precarious finances? After all, fining somebody who is losing money, especially at such large amounts seems to defeat the purpose, especially when you take into account that there are no provisions within the regulations to prevent clubs becoming overly leveraged with debt, a far bigger danger.
EDIT: to the last line, yes, as do a lot of other legal minds I've spoken to.