- Dec 22, 2009
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Bizarre theory. The Investigatory chamber would just have cleared us.
A recommendation isnt a decision. So no they would not have cleared you.
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Bizarre theory. The Investigatory chamber would just have cleared us.
The investigatory panel has the power to clear a club. They don't have the power to issue suspensions.A recommendation isnt a decision. So no they would not have cleared you.
The investigatory panel has the power to clear a club. They don't have the power to issue suspensions.
So if their recommendation was that we've done nothing wrong then they would simply clear us.
Although that would also indicate that they had considered our argument, so the grounds for appeal to CAS wouldn't be there.
But it's a bizarre argument because who in the world would appeal a decision that comes down in their favour, no matter how it was reached.
Again no decision has been made if a recommendation only has been made.
Adjudictory is independent and could decide against the recommendations of the investigatory chamber.
It seeks silly to appeal against a decision that has not even been made yet. You keep harping on like a recommendation is a decision. It simply isnt.
Some light reading
CAS will find in favour of UEFA and we'll be back where we are now.Common sense really, bizarre to dispute a referral at the CAS.
CAS will find in favour of UEFA and we'll be back where we are now.
Or they'll find in favour of us and that will be that.
From a business perspective there's nothing to lose.
But you think it's laughable that an investigatory body consider evidence submitted by the defence before issuing a punishment so it's not surprising you find this bizarre.
Considering the independent nature of the adjudictory chamber it was always going to be the most appropriate place to decide if an offence has occurred and what penalty should be handes out.
It wouldnt matter if the investigatory chamber spent 2 months analysising every bit of evidence from City. You still would not accept the decision handed out and by the looks of it your club buys into ridiculous conspiracy theories about UEFA.
I do apologise for wanting your case to go to an independent adjuducator who will assess all evidence from both parites before any punishment is handed out or dismissing the case.
It seems you and your club do not want that scenario to happen for some reason
CAS will find in favour of UEFA and we'll be back where we are now.
Or they'll find in favour of us and that will be that.
From a business perspective there's nothing to lose.
But you think it's laughable that an investigatory body consider evidence submitted by the defence before issuing a punishment so it's not surprising you find this bizarre.
But you havent followed due process. UEFA regulations allow for an appeal at the CAS to punishments only. Seeing how big you are on due process I am surprised that you havent criticised the club for taking something to CAS that cant be appealed there.
Further to this it will be a sad day in football where any club can just stay a decision by appealing at CAS. Not happy with the red card your team received and fail to get it overturned on appeal? Take it to CAS and stay the original decision. You might even get your star player eligible to play in a final that way. It will be an absolute field day for any club to get their way.
Which article.of the CFCB procedural rules prohibits an appeal at this stage of.proceedings?
And its good that you now accept that the referral to adjudicatory chamber is a decision against us. We're getting somewhere finally.
Article 61 explicity states that CAS can only hear an appeal when all of UEFA's internal procedures have been exhausted.
So City have failed to follow due process by not waiting for the decision of the adjudicatory chamber. That would be the l ast interal UEFA avenue available.
Glad to see we are in agreeance that your club was wrong to appeal the referral.
There is no article 61 of the CFCB procedural rules.
But presuming you're referring to the UEFA statutes there is nothing in article 61 about exhausting all avenues of appeal.
You might be thinking of article 62, and as far as I can see we're fully compliant with that as long as we lodged the appeal within 10 days (not sure if we did or not). The investigatory chamber has made a decision that adversely affects our interests, and there is no further internal avenue of appealling that decision.
So no, I don't agree with you in any way. If we're not entitled to appeal, CAS will rule against us and we'll move on.
Article 62.4 states (yes these are UEFA's current Statuetes)
An appeal before the CAS may only be brought after UEFA's internal procedures and remedies have been exhausted.
As the dispute has yet to reach the adjudictory chamber UEFA's internal procedures have clearly not yet been exhausted. Once your case has been through the adjudictory chambeer you are then entitled to appeal at CAS.
Pretty black and white and thankyou for confirming that your appeal against the adjudictory referral is absolutely frivolous.
Which begs the question - why?
Haha you just cant admit when you are wrong. The investigatory chamber is not the last avenue for UEFA internal procedures. You can dress it up all you want but nothing changes that.
As of right now no punishment has been handed down for your alleged further breach of the rules.
If the adjudictory chamber finds against you then you can bring the case before the CAS. There is every chance they may clear you. Just find it funny you hang your hat on UEFA procedural errors but when your own club is guilty of it you defend it to the nth degree.
You’re two grown men aren’t you with grandchildren? Surely one of you are wise enough to realise this constant back and forth is a futile exercise in getting you absolutely nowhere?
You’re two grown men aren’t you with grandchildren? Surely one of you are wise enough to realise this constant back and forth is a futile exercise in getting you absolutely nowhere?
True but it does pass the time, and the legal battle is something I've looked forward to for five years. And I genuinely don"t understand zidanes thought processes when it comes to FFP some time.
But I'll stick to posting updates if and when they happen and leave the legalling to the lawyers.