Interesting that City succeeded in introducing 3 new documents (A-92, A-93 and A-94) as evidence after the deadline for submissions had passed. CAS had another sideswipe at UEFA with regard to this. Even though the appeal was lost on technical grounds the possible value of making the appeal is that CAS are now fully aware of how UEFA have conducted proceedings in this case.
61. The Panel noted that Exhibit A-92 is a publication in a newspaper and therefore a publicly accessible document that was not available at the time MCFC filed its Appeal Brief (i.e. 11 June 2019). The Panel also considered it appropriate for MCFC to keep the Panel updated on alleged further leaks to the media by UEFA considering the similar allegations already expressed in the Appeal Brief, which possibility was also expressly reserved by MCFC in its letter to the CAS Court Office dated 22 July 2019. The Panel therefore decided to admit this document on file based on exceptional circumstances.
62. Exhibit A-93 and A-94 are letters sent by UEFA to MCFC on 11 and 29 July 2019 that were not available at the time of filing the Appeal Brief. MCFC relied on these documents to corroborate its argument that the proceedings before the Investigatory Chamber were not fair and argued that it should not be prevented from relying on these documents because UEFA chose not to disclose the existence of such evidence until after the deadlines for MCFC to file its submissions with the CAS had passed.
63. The Panel recognised the force of the last argument of MCFC and noted that it indeed appeared that MCFC had previously asked the Investigatory Chamber to be provided with the complete case file, which was confirmed by UEFA on 11 July 2019, but that it was later (on 29 July 2019) confirmed by UEFA for the first time that a “scope document” existed by means of which UEFA had set out the objective and scope of the compliance audit to be performed on MCFC by an accountancy firm. The Panel considered that these two documents together could be relevant for the Panel’s decision on the admissibility of the Referral Decision and/or the merits of the case, should the Panel decide that MCFC’s appeal was admissible. The Panel therefore decided to admit these documents on file based on these exceptional circumstances.