Belgium courts rules relegation illegal.

nelster

Well-Known Member
100% this makes no difference to the situation with the SPhell. in the sense of a legal outcome.

However, UEFA are now in a bind. They allowed each Nation to make it's own case. NOW, they find themselves quite possibly allowing representitives to be selected from some Nations, which other member countries have (may have) deemed illegal.

If the French Supreme court come to the same conclusion, and Lyon are asking that very question, then I find it hard to believe UEFA won't issue an arbitrary ruling to all nations.

Next week will be monumental in European football. It will be hilarious if Dungcaster & Liewell have their Sporting Integrity exposed on an international level.

FBS
This guy has nailed it

Popcorn ready all. We are now at position zero, nothing to lose everything to gain.
 

Talktalk

Well-Known Member
Come on Budge you big shitebag...
She won’t have too go to court as Doncaster has already basically told them the league will be extended as going to court would open too many avenues and they can’t afford to let that happen. Hearts won’t pursue it
 

RaoulDuke11

Well-Known Member
Can we have a link to this in English please?

There's zero i can see - and the only thing that comes up when i google it is this forum :D
 

RaoulDuke11

Well-Known Member
Lyon Toulouse and another French team started the same proceedings there today.

TRANSLATION:

The dismissal of the Waesland club in the anteroom of the elite follows the final cessation of the Belgian competition decided by the Pro League on May 15 due to the coronavirus pandemic while only 29 of the 30 days of regular season could have been played. The Competition College, the "court" of the Competition Authority, must meet on June 17 to decide whether or not to maintain Waasland-Beveren in the Jupiler Pro League (D1A). He may or may not follow the advice of the Auditorate.

The Auditorate, in a very clear-cut manner, considers that the decision to relegate Waasland-Beveren to D1B is "a decision resulting in the exclusion of a competitor and, therefore, of a decision restricting competition". The Auditorat further specifies that it "has elements supporting the assertion that the decision to relegate Waasland-Beveren to division 1B instead of organizing one or more seasons with a division 1A to 17 or 18 clubs would not be aimed to achieve a legitimate objective, but on the contrary would aim to protect the financial and economic interests of certain clubs. "

Actions for annulment before the Brussels Court of First Instance

In view of this opinion, Waasland-Beveren, defended by Masters Jean-Louis Dupont, Martin Hissel and Florent Stockart, is particularly confident and has no doubt that the decision of the College of Competition will go in the direction of the observations of the Auditor. In addition, the Waesland club has announced that it will file next week an action for annulment before the Court of First Instance of Brussels, as provided for in the Judicial Code, against the sentence of the Belgian Court of Arbitration for Sport (CBAS ) who granted his professional license to the Royal Excel Mouscron on May 8th.

The arbitration award of the CBAS reformed the decision of the Licensing Commission of the Belgian football federation which had not granted its professional license to the club of Picardy Wallonia. According to Waasland-Beveren, in the present case, the URBSFA Licensing Commission had perfectly carried out its mission of protecting the sports integrity of Belgian football since it had refused RE Mouscron its license on the grounds that this club was in reality in the hands of players' agents for many years.

The URBSFA license regulations prohibit that the license be granted to a club in which a player agent exercises, in one way or another, "significant influence". The CBAS considered that the federation had not provided sufficient evidence of the involvement of agents (notably Pini Zahavi) in the club du Canonnier. According to Waasland-Beveren, the CBAS did not correctly apply certain public policy rules in the present case, in particular those falling under competition law. For this reason, Waasland-Beveren has mandated its lawyers to file an action for annulment.
 

Baz the viking

Active Member
Precedent is an Anglo Saxon litigation term. A summary below would explain the rational behind this.

The common law system of precedent serve legal certainty. Legal certainty requires that court decisions must be predictable. Similar situations must be treated alike, unless a difference in the treatment is objectively justified. The uniformity of the application of law is thus a crucial element of legal certainty. Precedent reduces the courts’ discretion and ‘is the guarantor of certainty and equality of treatment.

Hearts have had two QC opinions, I would think today's ruling in Belgium is important to hearts if they decide to test it in our courts.

For those celtic fans who phoned snyde tonight and said " Belgium Law does not affect Scottish law"

I would point them to the actual uk withdrawal agreement.

The UK left the EU on 31 January 2020. Under the UK-EU withdrawal agreement, a transition period will end on 31 December 2020 unless extended, during which time the UK will be treated for most purposes as if it were still an EU member state, and most EU law (including as amended or supplemented) will continue to apply to the UK

The Belgium decision will put Doncaster and co under enormous pressure to persuade or force the 42 to accept reconstruction.
 

Portrushbear

Well-Known Member
100% this makes no difference to the situation with the SPhell. in the sense of a legal outcome.

However, UEFA are now in a bind. They allowed each Nation to make it's own case. NOW, they find themselves quite possibly allowing representitives to be selected from some Nations, which other member countries have (may have) deemed illegal.

If the French Supreme court come to the same conclusion, and Lyon are asking that very question, then I find it hard to believe UEFA won't issue an arbitrary ruling to all nations.

Next week will be monumental in European football. It will be hilarious if Dungcaster & Liewell have their Sporting Integrity exposed on an international level.

FBS
Twee biggest problem I see is if uefa decide to go hard on leagues who declared "winners" what's to stop them banning that country's teams from their competitions

This would be fuckin terrible for us after the last 2 campaigns
 

nelster

Well-Known Member
UEFA.

Just focus on UEFA. Remember the whole thing about Belgium and Scotland and their letters and representations.

The final UEFA statement made a specific comment about ‘public perception of fairness’ and if I recall correctly their right to intervene.

Well a belgian courts just ruled it unfair. A french courts about to possibly rule the same.

UEFA meeting already planned for next week.

What now ?

Its all back on the table for the terminated leagues, theres only around 6 of them.

Lets cause some panic out there.
 

CR7

Member
Official Ticketer
It’s pretty clear that no one in this country has the balls or willingness otherwise to go to court so we will end up with some half assed reconstruction or parachute payment to hearts and if that’s the case no one from outside the country is gonna give a hoot.
 

Laudrup11Cooper

Well-Known Member
We should be going to CAS regardless of Hearts situation.
Budge will have to deal with her own case.
If 'they' awarded them the last championship, you really think think they are just going to stop at that?
Our evidence has been on going since 2012.
Now is the time to drive the final nail into the coffin of scottish football!
'Been along time a coming'!
 

ChildOfGod

Well-Known Member
Does anyone understand where Legal action lines are drawn , CAS vs National and EU Supreme Court .

How do we know what the options are , and what order they would be applied and precedence’s .

Thanks
 

Bknowe

Well-Known Member
Given the situation with both French & Belgian leagues, this will ensure UEFA are going to have to step in sooner or later.

Most Leagues in Europe (including Italy who had a terrible COVID19 outbreak) are restarting and attempting to finish their seasons. We had TLB and Broonaldo demanding they be awarded the league before it was even suspended.

I said in another thread a while back that something sprung the SPFL into action, I'm fairly sure it would be the chance that Shameless FC would be usurped out of the CL by UEFA using season co-efficient points which would see US in the CL, unless they were declared "champions".
 

DadoBear

Well-Known Member
TRANSLATION:

The dismissal of the Waesland club in the anteroom of the elite follows the final cessation of the Belgian competition decided by the Pro League on May 15 due to the coronavirus pandemic while only 29 of the 30 days of regular season could have been played. The Competition College, the "court" of the Competition Authority, must meet on June 17 to decide whether or not to maintain Waasland-Beveren in the Jupiler Pro League (D1A). He may or may not follow the advice of the Auditorate.

The Auditorate, in a very clear-cut manner, considers that the decision to relegate Waasland-Beveren to D1B is "a decision resulting in the exclusion of a competitor and, therefore, of a decision restricting competition". The Auditorat further specifies that it "has elements supporting the assertion that the decision to relegate Waasland-Beveren to division 1B instead of organizing one or more seasons with a division 1A to 17 or 18 clubs would not be aimed to achieve a legitimate objective, but on the contrary would aim to protect the financial and economic interests of certain clubs. "

Actions for annulment before the Brussels Court of First Instance

In view of this opinion, Waasland-Beveren, defended by Masters Jean-Louis Dupont, Martin Hissel and Florent Stockart, is particularly confident and has no doubt that the decision of the College of Competition will go in the direction of the observations of the Auditor. In addition, the Waesland club has announced that it will file next week an action for annulment before the Court of First Instance of Brussels, as provided for in the Judicial Code, against the sentence of the Belgian Court of Arbitration for Sport (CBAS ) who granted his professional license to the Royal Excel Mouscron on May 8th.

The arbitration award of the CBAS reformed the decision of the Licensing Commission of the Belgian football federation which had not granted its professional license to the club of Picardy Wallonia. According to Waasland-Beveren, in the present case, the URBSFA Licensing Commission had perfectly carried out its mission of protecting the sports integrity of Belgian football since it had refused RE Mouscron its license on the grounds that this club was in reality in the hands of players' agents for many years.

The URBSFA license regulations prohibit that the license be granted to a club in which a player agent exercises, in one way or another, "significant influence". The CBAS considered that the federation had not provided sufficient evidence of the involvement of agents (notably Pini Zahavi) in the club du Canonnier. According to Waasland-Beveren, the CBAS did not correctly apply certain public policy rules in the present case, in particular those falling under competition law. For this reason, Waasland-Beveren has mandated its lawyers to file an action for annulment.
Maybe another rousing speech from Peter is on the cards “would you be willing to trade all the days from this day to that for one chance to cover up paedophilia in your organisation and deny victims of child rape justice and the respect they deserve in order to move forward with their lives, in the pursuit of profit above all else, oh come on everyone it happened years ago when everyone did it let’s move on. We’ll conduct a review and learn lessons from any findings. We regret any inconvenience caused”
Please sign up to our black lives matter campaign.
 

WATP

Well-Known Member
Given the situation with both French & Belgian leagues, this will ensure UEFA are going to have to step in sooner or later.

Most Leagues in Europe (including Italy who had a terrible COVID19 outbreak) are restarting and attempting to finish their seasons. We had TLB and Broonaldo demanding they be awarded the league before it was even suspended.

I said in another thread a while back that something sprung the SPFL into action, I'm fairly sure it would be the chance that Shameless FC would be usurped out of the CL by UEFA using season co-efficient points which would see US in the CL, unless they were declared "champions".
If CL co efficient points are to be used the UEFA may impose this on all called leagues whether titles were awarded locally or not. To keep things consistently with European places on merit! So hypothetically they could keep their 8.3/4 title they get Europa and we get CL place!!! That really would mess with them!!!!

I still can’t believe however we have put a proposal on the table for reconstruction with all this going on in legal court rooms.....my mind boggles in the strategy with that one!
 

Bknowe

Well-Known Member
If CL co efficient points are to be used the UEFA may impose this on all called leagues whether titles were awarded locally or not. To keep things consistently with European places on merit! So hypothetically they could keep their 8.3/4 title they get Europa and we get CL place!!! That really would mess with them!!!!

I still can’t believe however we have put a proposal on the table for reconstruction with all this going on in legal court rooms.....my mind boggles in the strategy with that one!
It would do more damage than Mo Johnston, that's for sure mate.

I'm shocked that we have put a proposal in - or that we have allegedly been talking to Tom English *shudder* given all the guff he's spouted about us over the last 8 years. But throughout this whole charade, he has been on the SPFL's case as he still sees himself as a serious journalist

I think the proposal is simply a response to Doncaster's request for ideas, so we put one forward. I don't think it will pass but I think a lot of our fans who are waiting on us doing an Arnie in Commando on the SPFL are going to be disappointed.
 

devilman

Well-Known Member
Just because it's illegal in Belgian law doesn't make it legal here unfortunately
No, and I wouldn't expect anything to come of it over here either. However, it will make the SPFL look even more pathetic that they are. That's all we can hope for. It'll never amount to anything in this corrupt little place.
 

WATP

Well-Known Member
It would do more damage than Mo Johnston, that's for sure mate.

I'm shocked that we have put a proposal in - or that we have allegedly been talking to Tom English *shudder* given all the guff he's spouted about us over the last 8 years. But throughout this whole charade, he has been on the SPFL's case as he still sees himself as a serious journalist

I think the proposal is simply a response to Doncaster's request for ideas, so we put one forward. I don't think it will pass but I think a lot of our fans who are waiting on us doing an Arnie in Commando on the SPFL are going to be disappointed.
I was only hoping for the testing of the fortitude of the SPFL executive. If we don’t challenge anything in the courts then I fear we are in for yet more barren years ahead of us!!! This was the moment to test the resolve and integrity and it looks evermore like the board have fallen short in this one particular area.
 

Bknowe

Well-Known Member
I was only hoping for the testing of the fortitude of the SPFL executive. If we don’t challenge anything in the courts then I fear we are in for yet more barren years ahead of us!!! This was the moment to test the resolve and integrity and it looks evermore like the board have fallen short in this one particular area.
People want the board to react like fans do. And although the board are fans and thank god they are. They are on the line for sums of money that you and I could only dream of.

But despite them putting their financial neck on the line, they still get criticised for not reacting like a fan would.

I've said previously that the SPFL were stung into action re awarding the title to Shameless FC. There's been some major dodgy dealings about how that came about. More dodgy dealings around reconstruction and millions of £s being cost to Scottish Football clubs through TV rebates all in aid of this, yet most media outlets don't question it.

Hearts are a red herring to an extent because they are one of Scotland's bigger clubs. But remember, during this fabled "9iar" that Shameless FC are trying to get credit for - Us, Hearts, Hibs & Dundee Utd have all been out of the Premiership within that time to be replaced by Dundee (who went down again), Ross County, Hamilton, Livingston etc.
 

LostBoy

Active Member
This is just another little thing putting pressure on those corrupt spfl c**ts. Each little thing brings them closer to collapse.
Their desperation to hand the peados not only the league, but the CL cash will be their undoing
 
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