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

[slbsn]

Have you ever had a brief that you were 100% certain you would win? The follow up question is did you win it?

I would imagine this is quite rare as there is absolutely no certainty in these matters, which is why I haven't been entirely convinced by the bullishness expressed by the club.

I'm not a barrister so not been in that position. I have had cases with me as a (corporate) client and that my barrister and legal team thought was strong and would win. And then lost. I have had cases settle at various points including on the Sunday before the kick off of the trial on the Monday....

As I have said before, even the strongest case can lose and no case is better than 70% chance of winning.

 

[Ardwick Green Blue]

I'm not a barrister so not been in that position. I have had cases with me as a (corporate) client and that my barrister and legal team thought was strong and would win. And then lost. I have had cases settle at various points including on the Sunday before the kick off of the trial on the Monday....

As I have said before, even the strongest case can lose and no case is better than 70% chance of winning.

I know you have stated this previously and his is why many like me are merely hoping for us to prevail by any means, even if it a technicality. The wild optimism that we are bound to win & then proceed to deal UEFA crushing blows has fizzled out as the uncertain outcome is understood.

 

[blueinsa]

Worst case, we lose and face the 2 year ban......what next legally?

 

[Ric]

Worst case, we lose and face the 2 year ban......what next legally?

We could appeal against the CAS ruling to the Swiss Federal Tribunal, but only on very specific grounds. Guess the only other option would be to try and challenge the very legality of FFP in the European Court of Justice?

 

[slbsn]

I know you have stated this previously and his is why many like me are merely hoping for us to prevail by any means, even if it a technicality. The wild optimism that we are bound to win & then proceed to deal UEFA crushing blows has fizzled out as the uncertain outcome is understood.

Some spectacular defeat of UEFA is almost impossible. Whatever happens there will be a dry 50 page judgment with loads of legalese and incomprehensible references to rules and laws. The best we may get is a meaningless one liner saying "the Respondents (ie UEFA's) conduct was potentially unsatisfactory" or some other irrelevant comment. In terms of what UEFA consider City did with sponsorship and what they believed in 2014 when this was looked at, its all out there - https://www.theguardian.com/footbal...accounting-sponsorships-uefa-champions-league - UEFA never believed City hence the settlement.

All that matters is the result.

 

[Brendan110_0]

Worst case, we lose and face the 2 year ban......what next legally?

Not much, I can see UEFA suspending FFP due to COVID-19 and lack of matchday income and shop sales - could see some big clubs struggling with player wages, it's like a perverse FFP.

 

[blueinsa]

We could appeal against the CAS ruling to the Swiss Federal Tribunal, but only on very specific grounds. Guess the only other option would be to try and challenge the very legality of FFP in the European Court of Justice?

Which by then, post covid would be effectively scrapped imo or at least reworked to allow major owner investment.

Imagine us sat for 2 years banned for something many owners where then busy doing within the game?

 

[MCC]

UEFA's lawyers include Dr Jan Kleiner, a partner at Bär & Karrer and co-head of the Swiss firm's sport practice group, and Mark Phillips QC of South Square Chambers.

Mark Phillips is a big Arsenal fan - hopefully, he heard Arsene Wenger`s recent comments, "I am in favour of opening things up to more investment, which FFP does not allow for. The clubs that dominate Europe today are those that were built and made investments during an era where FFP did not exist."

 

[slbsn]

We could appeal against the CAS ruling to the Swiss Federal Tribunal, but only on very specific grounds. Guess the only other option would be to try and challenge the very legality of FFP in the European Court of Justice?

You should assume that if we lose at CAS the best case is a difficult financial claim for damages in a few years time. I very much doubt it would halt the ban itself so the damage would be done.

On page 2 of this report you can see the limited route under the Swiss court https://web.archive.org/web/2014032...The-International-Sports-Law-Journal-2012.pdf

 

[slbsn]

UEFA's lawyers include Dr Jan Kleiner, a partner at Bär & Karrer and co-head of the Swiss firm's sport practice group, and Mark Phillips QC of South Square Chambers.

Mark Phillips is a big Arsenal fan - hopefully, he heard Arsene Wenger`s recent comments, "I am in favour of opening things up to more investment, which FFP does not allow for. The clubs that dominate Europe today are those that were built and made investments during an era where FFP did not exist."

Pannick's also an Arsenal fan I believe. And so is Phillipe Sands QC one of the regular judges at CAS. Joking aside, I do worry judge's football allegiances (which we know are uniquely deep seated) may jaundice deliberations.