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

[bluemanchester]

I have been digging into Swiss law. Arbitration, which is what CAS offer is subject to a statutory code. Quite long and complicated but the essence is that there are strict procedural rules to ensure fairness. You can appeal CAS decisions to the Swiss supreme court. BUT..... the supreme court almost never overturns the verdict of CAS on a substantive matter. It concentrates on whether the procedural rules were adhered to. Hmmm......

I was told by a Swiss banker once that the mafia went to Switzerland for lessons in how to operate. It may or may not be true. Or was just a joke.

 

[MillionMilesAway]

I have been digging into Swiss law. Arbitration, which is what CAS offer is subject to a statutory code. Quite long and complicated but the essence is that there are strict procedural rules to ensure fairness. You can appeal CAS decisions to the Swiss supreme court. BUT..... the supreme court almost never overturns the verdict of CAS on a substantive matter. It concentrates on whether the procedural rules were adhered to. Hmmm......

That makes sense really, doesn't it?
City have agreed to UEFA competition rules, so a non-CAS court appeal on the basis of whether they broke the rules is difficult - that's what CAS is for, as I understand it.

If City go after FFP as a whole, that would be a separate matter, and one which CAS are unlikely to have a say in because it seems likely to be a matter of law not application of rules.

 

[Mancini Manus Domini]

Is there anything to stop us appealing at CAS but also at the same time taking on FFP as a whole somewhere else?

 

[MillionMilesAway]

Is there anything to stop us appealing at CAS but also at the same time taking on FFP as a whole somewhere else?

I would think only if one means the other cannot happen at the same time (e.g. due to CAS rules).

It wouldn't make much sense (to me, anyway) though to try working within FFP at the same time as trying openly to tear it up.

 

[chesterbells]

Is there anything to stop us appealing at CAS but also at the same time taking on FFP as a whole somewhere else?

Would love to see the whole sorry edifice dismantled personally

 

[King KdB of Belgium]

What worries me is what the two guys who are working for UEFA, 1 is a former Liverpool director MR Rick Parry the other one is a former Man. Utd. director MR David Gill. I just wonder how much they are trying to get us banned from European comps. This so that it will be easier for them to get a champions league spot, at our expense. I hope that the lawyers which we no doubt have on call are all ready looking into this.

I was speaking to a friend of mine who worked for the police. We were discussing about us being looked for FFP breaches. What he said to me is what I already knew. That if this went to a court off law, there would be no way that UEFA would be able to use the hacked e-mails, to prove their point about us breaking FFP, as all the e-mails would be thrown out of court and couldn't be given as evidence, as this would be considered as fruit of the poisonous tree as they say in the law courts. We would also have a very good case to charge them with theft, even though they didn't do it themselves.

 

[AustinBlue]

What worries me is what the two guys who are working for UEFA, 1 is a former Liverpool director MR Rick Parry the other one is a former Man. Utd. director MR David Gill. I just wonder how much they are trying to get us banned from European comps. This so that it will be easier for them to get a champions league spot, at our expense. I hope that the lawyers which we no doubt have on call are all ready looking into this.

I was speaking to a friend of mine who worked for the police. We were discussing about us being looked for FFP breaches. What he said to me is what I already knew. That if this went to a court off law, there would be no way that UEFA would be able to use the hacked e-mails, to prove their point about us breaking FFP, as all the e-mails would be thrown out of court and couldn't be given as evidence, as this would be considered as fruit of the poisonous tree as they say in the law courts. We would also have a very good case to charge them with theft, even though they didn't do it themselves.

It's not a "fruit of poisonous tree" issue, unless the law enforcement agency in some way directed or managed the hacking. (I'm a lawyer)

 

[squirtyflower]

It's not a "fruit of poisonous tree" issue, unless the law enforcement agency in some way directed or managed the hacking. (I'm a lawyer)

He’s been told the same thing a dozen times

 

[salfordbluetrue]

It's not a "fruit of poisonous tree" issue, unless the law enforcement agency in some way directed or managed the hacking. (I'm a lawyer)

Ah but can UEFA be charged with handling stolen goods? :)

 

[nmc]

I was told by a Swiss banker once that the mafia went to Switzerland for lessons in how to operate. It may or may not be true. Or was just a joke.

Well we do know how the Swiss profited more than anyone else from the Nazi persecution of the Jews - so they are clearly a ruthless and expedient bunch - and they kept their crimes hidden for decades... only admitting their guilt later in the most vague terms.