Spanish FA, FC Barcelona sanctioned for international transfers of minors

[Lomar1o]

So according to Marca, Barca already has presented the appeal to Fifa and they agree that they breached article 19, but they want sanction to be reduced and if that fails they may ask at least to bring back players who are on loans.

lol. we're doomed

 

[Neymessi]

^Yes indeed.Terrible,terrible season this one.

 

[Alarcón]

So according to Marca, Barca already has presented the appeal to Fifa and they agree that they breached article 19, but they want sanction to be reduced and if that fails they may ask at least to bring back players who are on loans.

I don't believe that

 

[hulinat]

Of course they can bring back players that are on loan. The players are on loan from Barca B and they can always promote them.

 

[Flavia]

Of course they can bring back players that are on loan. The players are on loan from Barca B and they can always promote them.

No, that's wrong. They were promoted to the 1st team, and then sent on loan.

 

[Luftstalag14]

So if I understand this correctly, according to this article, appeal to Fifa doesn't automatically suspend the ban although Barca will be asking for suspension in their appeal and may or may not get. And it will be the same procedure with CAS.

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.

 

[suckabov]

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.

Edit: Just read it. That's strange. Suspensive effect only applying to financial sanctions? What sense does this have?

 

[Luftstalag14]

Edit: Just read it. That's strange. Suspensive effect only applying to financial sanctions? What sense does this have?

Exactly. FIFA = FAIL.

 

[footyfan]

I think CAS has the ability to stay the ban. But for that to happen, FIFA needs to reach it's decision and Barcelona must then appeal to CAS (if the decision doesn't go their way). If FIFA takes the entire transfer window to reach its decision then Barca are fucked.

 

[Luftstalag14]

I think CAS has the ability to stay the ban. But for that to happen, FIFA needs to reach it's decision and Barcelona must then appeal to CAS (if the decision doesn't go their way). If FIFA takes the entire transfer window to reach its decision then Barca are fucked.

That is my impression as well.

 

[zanela]

I think CAS has the ability to stay the ban. But for that to happen, FIFA needs to reach it's decision and Barcelona must then appeal to CAS (if the decision doesn't go their way). If FIFA takes the entire transfer window to reach its decision then Barca are fucked.

So FIFA can take indefinite period to reach its decision?

 

[Alarcón]

From a legal point of view, forcing someone to pay the penalty before their penalty is carved in stone and can't be overturned or changed anymore is unlawful. It's like sentencing someone to death and then killing them before their case is handled in front of court. Makes no sense. FIFA's "rules" are just silly, they can't bypass common law and any legal body (like CAS who actually have to follow law) will see the ban suspended in light of a pending appeal. I would go as far as to say that Barça should have no problem signing players this summer even if FIFA don't approve of a suspension of the ban or take the whole summer to decide as CAS will retrospectively suspend the ban until a decision is made.

 

[suckabov]

From a legal point of view, forcing someone to pay the penalty before their penalty is carved in stone and can't be overturned or changed anymore is unlawful. It's like sentencing someone to death and then killing them before their case is handled in front of court. Makes no sense. FIFA's "rules" are just silly, they can't bypass common law and any legal body (like CAS who actually have to follow law) will see the ban suspended in light of a pending appeal. I would go as far as to say that Barça should have no problem signing players this summer even if FIFA don't approve of a suspension of the ban or take the whole summer to decide as CAS will retrospectively suspend the ban until a decision is made.

That's what I was thinking as well, how is the exclusion of any suspensice effect for non-financial sanctions compatible with common law? It isn't. That's just senseless. We should be able to do something about it.

 

[Ryan_Cule]

So FIFA can take indefinite period to reach its decision?

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



-----

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.

 

[Ghostmaster]

From a legal point of view, forcing someone to pay the penalty before their penalty is carved in stone and can't be overturned or changed anymore is unlawful. It's like sentencing someone to death and then killing them before their case is handled in front of court. Makes no sense. FIFA's "rules" are just silly, they can't bypass common law and any legal body (like CAS who actually have to follow law) will see the ban suspended in light of a pending appeal. I would go as far as to say that Barça should have no problem signing players this summer even if FIFA don't approve of a suspension of the ban or take the whole summer to decide as CAS will retrospectively suspend the ban until a decision is made.

I hope you are right but the problem is that football club is a legal entity and not a person so their rules can actually be in accordance with common law. Moreover it's not like they are blindly not considering the suspension of sanctions, look at this - appeal had a suspensive effect on sanction (to play home matches without spectators) imposed by FIFA because they couldn't take decision in time:

http://www.fifa.com/aboutfifa/organisation/news/newsid=2190067/

Edit: This could actually mean that they can suspend ban if they won't be able to take decision before the closing of transfer window.