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

[MillionMilesAway]

Sure I read an article the other day that said even though financial losses were down, debt had risen by about an equal amount

I read that too, I think. Overall debt has increased noticeably.

 

[Gorton_Tubster]

Once FFP is blown out of the water is there anything to stop city just spending whatever the fuck we want?

Given the unfairness of the big euro clubs making a closed shop I cannot fkin wait to see them whinging all the way back to their corporate American sugar daddies - who will be expecting a return on ANY investment.

It might be 3 or 4 years down the line but in the long term we are healthier, our future is secure.

 

[Gordyola]

The problem you'll have by taking on Leterme is the AC chamber has given a more severe sanction that the one year the IC was said to recommend.

The problem with FFP is they are showing that over the years clubs deficits have shrinked thanks to that regulation. They can thus claim it is for the wider interests of the sport.

Regarding CAS, there was this judgement in 2018, i wonder why it didn't impact the systematic recourse to CAS for an appeal of an UEFA verdict:
https://www.rtbf.be/sport/football/...-arbitral-du-sport-sont-illegales?id=10007518

The Brussels Court of Appeal said in a ruling released on Friday that clauses in the statutes of FIFA, UEFA and the national football federations imposing recourse to the Court of Arbitration for Sport (CAS) are illegal. This judgment comes within the framework of the litigation opposing the RFC Seraing and Doyen Sports to FIFA and UEFA. Seraing club had been sanctioned by the international football federation for having concluded a TPO (Third Party Ownership) contract with Doyen Sports.


The Brussels Court of Appeal had ordered, last January, the reopening of the proceedings in the case opposing the RFC Seraing and the company Doyen Sports to FIFA, UEFA, the Belgian Football Union and FIFPro, the union world of football players. She wished to obtain additional information concerning the Court of Arbitration for Sport (CAS) before ruling. The Court of Appeal had held that it was necessary to examine the legality of the CAS in the light of European law and the European Convention on Human Rights, namely the legality of the obligation for football clubs to use exclusively at the CAS. The court had said to question in particular the "general prohibition to address the ordinary courts" enacted by FIFA, in the context of disputes between a club and FIFA or UEFA.

After rehearing the parties on this precise point of the dispute, the court considered, in a long reasoned judgment communicated on Friday, that the clauses of the statutes of FIFA, UEFA and the national football federations imposing recourse to the CAS illegal. Thus, the court established that arbitration can only exist on the basis of a true consent of the parties, an arbitration clause can therefore only relate to "a determined legal relationship" according to the European Convention on arbitration of January 20, 1996. Arbitration cannot therefore relate, in general, to all disputes that may arise between federations and a club or a player. According to the Court of Appeal, the arbitration clauses of FIFA, UEFA and its members, and therefore the national football federations, violate this requirement of "determined legal relationship", which "relates to the law access to justice and respect for the will of the parties ", according to the European Court of Human Rights and the Charter of Human Rights of the European Union.
(...)
"The Brussels Court of Appeal gave reasons for its decision in a particularly detailed and particularly detailed manner. This judgment owes nothing to chance. It declares the illegality of the imposition of arbitration set up by the sports federations. which goes far beyond football. This was done on the basis of texts which apply throughout Europe. And therefore, it would be perfectly normal for any other judge in Europe to make the same analysis. instant, this judgment will have a global effect and will impose on the sports federations a new questioning of their operating modes "explains on the microphone of the RTBF Maître Jean-Louis Dupont, famous lawyer at the origin of the judgment Bosman (1995) .

"The Bosman judgment had forced the sports federations to become aware of the existence of the rule of law, continues Mr. Dupont. This judgment and its consequences will no doubt force the federations to finally function genuinely within the Rule of law. "

While recalling that the CAS is financed by the international sports federations, the lawyer concludes not without irony: "When a small club like Seraing comes to the CAS to maintain that a regulation considered by FIFA as strategic is illegal, you can imagine the chances that are Seraing's. "

So if I understand that correctly this clause in using CAS is null and void? If City so choose they don't need to go to CAS

Judicial recourse to the Swiss Federal Tribunal is allowed on a very limited number of grounds, such as lack of jurisdiction, violation of elementary procedural rules (e.g. violation of the right to a fair hearing) or incompatibility with public policy.

 

[Dirty Harry]

Doubt it, the lawyers will be strongly advising the club what the PR department should and should not be doing.

That's probably what's rattling the hacks more than anything, seems we've shut the show down for them, and because they're such a self entitled bunch of wankers, they don't like it, so they'll just make shit up, hope that comes back to bite them on the arse big time, personally.

 

[MillionMilesAway]

Once FFP is blown out of the water is there anything to stop city just spending whatever the fuck we want?

Given the unfairness of the big euro clubs making a closed shop I cannot fkin wait to see them whinging all the way back to their corporate American sugar daddies - who will be expecting a return on ANY investment.

It might be 3 or 4 years down the line but in the long term we are healthier, our future is secure.

It's not going to be blown out of the water, so it's moot.

 

[mexico1970]

It's not going to be blown out of the water, so it's moot.

That's not as cut and dried as it seems, there is a chance FFP could be scuppered if City win this case.

https://www.football365.com/news/ffp-scuppered-if-man-city-win-uefa-appeal-expert

 

[Tricky_Trev]

A more interesting question IMO is what liability do individuals have?

Yves Leterme is the 1 person the club have accused of inproper conduct. We know from the PSG case that as the head of the IC he has total power, and was able to summarily dismiss the objections of his colleagues without reason.

If he is the single person who has stopped the club from giving their evidence and made his ruling, then he is the single person responsible for all of the reputation damage done by his decision and his reaction to the accusation of leaking was the very definition of protesting too much.

So what exposure to civil or criminal action does he have personally if we get cleared, and he didn't follow the process he was supposed to?

I think the answer is no liability whatsoever.

The UEFA CFCB Procedural Rules state “Members of the CFCB are not liable for any action, decision or failure to act in
connection with proceedings before the CFCB.”

https://it.uefa.com/MultimediaFiles/Download/uefaorg/Clublicensing/02/60/83/59/2608359_DOWNLOAD.pdf

Unless there’s a way around that. I’m assuming that means we can sue UEFA as a body, but not specific individuals within the two chambers?

 

[MillionMilesAway]

That's not as cut and dried as it seems, there is a chance FFP could be scuppered if City win this case.

https://www.football365.com/news/ffp-scuppered-if-man-city-win-uefa-appeal-expert

Hmm, Chadwick's a name I've heard of for a while so he's a pretty good source.

It might fall apart, but I don't think that's City's goal really, certainly not an immediate one.

 

[mexico1970]

Hmm, Chadwick's a name I've heard of for a while so he's a pretty good source.

It might fall apart, but I don't think that's City's goal really, certainly not an immediate one.

Horse trading will ensue bud, that's my gut feeling anyway.

 

[Exeter Blue I am here]

Was that the guy who feels we should reason with them and, when they spout bollocks such as "City are state owned", we should count to 10 and politely ask them if they could possibly find the time to provide some evidence to back up said bollocks? If so, he's pissing in the wind because soon afterwards Delaney basically accused PB of being wrong after he had provided him with a detailed explanation. As soon as he was asked to say where PB was so mistaken he refused and, as they all usually do, disappeared into Twitter no man's land.

It was nothing to do with PB or Delaney from what I can recall