Spanish FA, FC Barcelona sanctioned for international transfers of minors

[Luftstalag14]

No. FIFA's response depends on FIFA. But we won't wait. We will simply ask TAS to intervene. They can as well work as mediator. The FCB attorney is Jose Alonso Puig. Law firm - Baker & Mckenzie.


The Profile of Jose Alonso Puig ( FCB Attorney) ---


Professional Associations and Memberships


Spanish Arbitration Club (CEA) - Honorary Chairman
International Law Association - Vice President
Professional Association of the Judiciary - Legal Defense Department
International Chamber of Commerce of Paris - Arbitration Court
International Center for Dispute Resolution/American Arbitration Association - Arbitrator
Madrid Bar Association - Second member of the Governing Board
Universidad de San Ignacio de Loyola, Lima (Peru) - Honorary Professor
Unicersdad de Lima, (Peru) - Honorary Professor
International Chamber of Commerce - Member of the Latinamerican Group of the Court of Arbitration
American Arbitration Association - Member of the Panel of the Alternative Dispute Resolution Serivces
Madrid Chamber of Commerce & Industry - Arbitration Court
International Centre for Settlement of Investment Disputes (ICSID) - Arbitrator
Spanish Court of Arbitration - Arbitrator
Circulo de Empresarios - Executive Board Member
Circulo de Empresarios - Legal Defense Department
International Chamber of Commerce - Commission on Arbitration
CPR European Advisory Committee - Member
China International Economic and Trade Arbitration Commission - Panel of Arbitrators
Shanghai Court of International Arbitration (SHIAC) - Panel Arbitrator
Civil and Commercial Court of Arbitration (CIMA) - Arbitrator
Court of Arbitration of the International Chamber of Commerce, Paris (ICC) - Arbitrator
Inter-American Commercial Arbitration Commission - Arbitrator
London Court of International Arbitration - Arbitrator
Court of Arbitration for Sport (TAS/CAS) - Arbitrator



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So as you can see he's the arbitrator of TAS/CAS himself and will be presenting our case to FIFA and TAS/CAS. There is absolutely no question of us waiting for FIFA's response. Because we will take our case to TAS/CAS to fight for the removal of the suspension which FIFA imposed.

There is no conflict of interest?

 

[Ryan_Cule]

There is no conflict of interest?

No. He's an arbitrator, not a judge at TAS. He is the member of that institutional body which gives him the right to do so.He settles disputes.

 

[Ghostmaster]

No. FIFA's response depends on FIFA. But we won't wait. We will simply ask TAS to intervene.

CAS handles appeals against final decisions of FIFA, you can't go directly to CAS, FIFA Appeal Commitee has to pronounce it's decision first.

 

[Samuel Eto'o]

I am addicted to this thread always praying for some good news.

 

[DennyCrane]

Yes, unfortunately. So those who said we could still buy players before the decision is made on the appeal are wrong, we can't. At this point, our best hope is that FIFA or CAS shows some leniency and reduces the ban.

We are screwed. I seriously doubt whether we will get MAtS this summer, let alone a much-needed CB.

Life is so cruel to the Cules. One thing after another, I wish I could forget about Barca for a while but I can't.

Nope, they weren't, because

a) The legal consequence is a transfer ban and a fine which is a cumulative sentence, enforceable at law only as a whole. Consequence: The same way the sentence is only enforceable as a whole, it's only appealable as a whole - hence the legal exception of Art. 124 Nr. 2 of the FIFA Disciplinary Code applies meaning that the appeal must be granted suspensive effect. In the case FIFA disagrees with this, this decision itself is appealable before the CAS.

b) Even if I were wrong with a), the question whether suspensive effect applies is still a discretionary adjudication as seen by the wording of the law ("shall"). Consequence: Fifa has to justify the predominant interest in enforcing the sanction immediately - which, again, is fully revisable by the CAS.

Not granting suspensive effect on sanctions as long as they are not legally binding (which they aren't as long as remedies are pending) is a textbook case of a violation of the rule-of-law principle. The FIFA, even as a private institution, is still subject to basic law. CAS will see this similar; I'm fairly sure about that.

 

[Ryan_Cule]

CAS handles appeals against final decisions of FIFA, you can't go directly to CAS, FIFA Appeal Commitee has to pronounce it's decision first.

1) We are already working with FIFA & TAS. Our case has been presented to FIFA.

2) TAS can not pronounce its judgement until and unless FIFA gives its final decision. You are right there. But TAS can intervene and work as a mediator.


3) Because FIFA has already announced its decision to suspend us, we can appeal to FIFA and as well as seek help from TAS and question the suspension.

Scenario -

In any case, a) if the case is impending, b) FIFA upholds the suspension, c) no parties find any solution D) And summer transfer window opens --

TAS can immediately use its precautionary measures and it will let BARCA use the summer window to buy and sell players.


---

Now having said that, those are all static rules and implications are based on the present situation and TAS verdict. We all will have to wait for more information.

So the main catch consists of one thing : We have to present our case strongly to TAS so that if transfer window opens, we can request TAS to grant us the TAS precautionary measures. And if granted, we would be able to buy players and do whatever. Final verdict will come later.

 

[linetty]

If Fifa's appeal committee doesn't suspend transfer ban, club has 21 days to appeal to CAS. Final decision before start transfer window [md]

 

[voodoomaster]

1) We are already working with FIFA & TAS. Our case has been presented to FIFA.

2) TAS can not pronounce its judgement until and unless FIFA gives its final decision. You are right there. But TAS can intervene and work as a

3) Because FIFA has already announced its decision to suspend us, we can appeal to FIFA and as well as seek help from TAS and question the suspension.

Scenario -

In any case, a) if the case is impending, b) FIFA upholds the suspension, c) no parties find any solution D) And summer transfer window opens --

TAS can immediately use its precautionary measures and it will let BARCA use the summer window to buy and sell players.


---

Now having said that, those are all static rules and implications are based on the present situation and TAS verdict. We all will have to wait for more information.

So the main catch consists of one thing : We have to present our case strongly to TAS so that if transfer window opens, we can request TAS to grant us the TAS precautionary measures. And if granted, we would be able to buy players and do whatever. Final verdict will come later.

Put differently; if we cant buy players this summer "interested neutrals" can turn off their tv"s and wait for 2015/16.

 

[Luftstalag14]

If Fifa's appeal committee doesn't suspend transfer ban, club has 21 days to appeal to CAS. Final decision before start transfer window [md]

I suppose this means we are screwed? The final decision will be made before the start of the transfer window, which means if the ban is upheld we won't be able to buy anyone this summer?

 

[Jägermeister]

If Fifa's appeal committee doesn't suspend transfer ban, club has 21 days to appeal to CAS. Final decision before start transfer window [md]

I suppose this means we are screwed? The final decision will be made before the start of the transfer window, which means if the ban is upheld we won't be able to buy anyone this summer?

If that is true than yes, we are probably screwed. Why does the judiciary have to be so quick in our affair.
Let's hope there is too much bureaucracy to get this done before the window.

 

[SeloBarca]

I think theres a plan to make everything go faster just to set an example and all focus is on making Barcelona that example.

In normal cases, it woulda taken months. Now it probably will go much faster.

Question is only, how can FIFA actually want to ruin a whole season or possibly even more for Barcelona just to make a point at such a crucial time when everyone knows they need a big overhaul.

 

[DonAK]

 

[Duke]

FIFA is so corrupted, I would think it will be easy to overturn the decision if we speak their language aka paying under the table.

 

[klc123]

FIFA is so corrupted, I would think it will be easy to overturn the decision if we speak their language aka paying under the table.

Of course. I would go as far to say that the only reason we are in trouble is that we didn't fill FIFA's coffers enough, whereas clubs like Chelsea, man city and PSG who are clearly breaking financial FairPlay rules are financing their holidays.

 

[linetty]

Barcelona expect a decision of Fifa's appeal committee within the next two week and at the latest before the end of the season. [md]