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

[Bill]

That doesn't add up to me as if we agreed a 'slap on the wrist' & Ceferin didn't deliver then we still had the option of going to CAS.

Unfortunately, this is a free hit for UEFA as if we end up with any sanction on us (even suspended) & that is a win for them. If we get exonerated they shrug their shoulders and move on.

and search for another route to halt us.

 

[slbsn]

Good article here on why if we lose at CAS it's probably the end of the road

https://tas-cas.org/fileadmin/user_upload/Bulletin_2020_-_Budapest.pdf… p68 onwards "Case law of the Swiss Federal Tribunal on Challenges against CAS awards (2015-2019)"

"Between 1989 and 2017 decisions on the merits on challenges against CAS awards amount to 126 cases, of which only 10 decisions (7,94%) led to a partial or full setting aside, and 116 consisted of a dismissal39. In the period which I have considered (2016-2019), there were 65 decisions on the merits, out of which only two decisions (i.e. 3 %) consisted in a partial (1) or full (1) setting aside of CAS awards. This shows that the likelihood of success when challenging a CAS award is very low. This is the result of both the quality of CAS awards issued, and also the tendency of the Federal Tribunal to set aside arbitral awards, and in particular CAS awards, only when this is fully justified."

 

[slbsn]

A couple of questions:

1. Let’s say UEFA did offer us a small fine in the first instance as is widely discussed. Let’s also say that City can show that at CAS. Would that not only show that UEFA were not entirely independent of the AC? Also I understand that the argument that a 2 year ban is too much will probably not float so does that mean that the initial small fine offer has no impact at all on the decision....CAS thinking being that City should have taken the offer?

2. With regard to your last paragraph I’ve always thought that too which begs the question how can it be that both sides seem very confident of victory? I know UEFA are divided and may have been pushed into this but they can’t be entirely stupid and must have been advised they have a strong case too. Are one side’s legal advisors crazy? It seems that one side must know the odds are against them; if that side is us I can only imagine that Sheikh Mansour himself has instructed City to fight on a matter of principle which seems unlikely to me. Could both sides feel they have an ace up their sleeve? I feel like something is missing.

I’m still positive given that City would not take this risk without good reason and that they will have a very good idea how the hearing went and seem outwardly very confident of victory.

In all likelihood, any offers by UEFA would have been "without prejudice" meaning CAS wouldn't be told about them.

There are no aces left. All cards have been played.

 

[Centurions]

That doesn't add up to me as if we agreed a 'slap on the wrist' & Ceferin didn't deliver then we still had the option of going to CAS.

Unfortunately, this is a free hit for UEFA as if we end up with any sanction on us (even suspended) & that is a win for them. If we get exonerated they shrug their shoulders and move on.

When we get exonerated (nobody on here has convinced me to change that to 'if' yet) then expect heads to roll at UEFA and there to be some major changes in their structure. I can't see how they can escape that and indeed may be the reason behind all of this.

 

[Ardwick Green Blue]

Good article here on why if we lose at CAS it's probably the end of the road

https://tas-cas.org/fileadmin/user_upload/Bulletin_2020_-_Budapest.pdf… p68 onwards "Case law of the Swiss Federal Tribunal on Challenges against CAS awards (2015-2019)"

"Between 1989 and 2017 decisions on the merits on challenges against CAS awards amount to 126 cases, of which only 10 decisions (7,94%) led to a partial or full setting aside, and 116 consisted of a dismissal39. In the period which I have considered (2016-2019), there were 65 decisions on the merits, out of which only two decisions (i.e. 3 %) consisted in a partial (1) or full (1) setting aside of CAS awards. This shows that the likelihood of success when challenging a CAS award is very low. This is the result of both the quality of CAS awards issued, and also the tendency of the Federal Tribunal to set aside arbitral awards, and in particular CAS awards, only when this is fully justified."

You are certainly doing your bit today to lighten the mood :)

 

[Cobwebcat]

In all likelihood, any offers by UEFA would have been "without prejudice" meaning CAS wouldn't be told about them.

There are no aces left. All cards have been played.

With the latter point I meant before the hearing rather than now. How can both sides’s advisors have been so confident?

 

[KS55]

It’s only speculation that City were ever offered a deal by uefa, which we refused, isn’t it?

No. PB double checked. Omar Barrada confirmed the offer was made.

 

[slbsn]

With the latter point I meant before the hearing rather than now. How can both sides’s advisors have been so confident?

That is litigation - smart people can disagree. This is why it is very risky not to settle a case where the stakes are very high for one side. UEFA's stakes are far lower than City's so they can take a view that even a 50% prospect of success justifies going ahead.

 

[M18CTID]

Very good point. But flies in the face of our irrefutable evidence stance.

I’m just hoping our evidence is as irrefutable as the club claims. If it is, then as you say there was no need to cut any deal with Ceferin. The club have been bullish about their innocence all along - even more bullish than UEFA with regards to their position - but I’m still nervy about the outcome. For all we know, we might be worrying over nothing and this is a slam dunk for City, hence the confidence emanating from the club. We’ll find out soon enough.

 

[HalfwayUpTheKippax]

Reading some of these posts.

Anyone else remember the Dude who stood outside the Kippax every home game with "The End Is Nigh " around his neck,

I'd forgotten about him. And here was I, thinking that KennyG was a miserable bastard!