Depor leaves the door of ordinary justice wide open

Sunday was a day full of communications. Two from Fuenlabrada, another from LaLiga, one more from the Madrid team, tweet from Tebas assuming responsibilities and finally that of Deportivo announcing that today Monday there would be a new statement explaining their position. Finally this new note from the blue and white club has seen the light and is as follows:

“Since last Monday, the Board of Directors of the Real Club Deportivo de La Coruña and its Legal Department have been intensively exercising the defense of the Club's interests before all instances and entities that must ensure the smooth running of the sports competition, not considering the results produced on the last day to be valid, having breached the rules of dispute in a unified schedule, which represents a flagrant adulteration of the integrity of the Second Division LaLiga.

Yesterday, Sunday, LaLiga informed this Club of the opening of a disciplinary file that it had started several days ago against CF Fuenlabrada, SAD, giving it a deadline of 3:00 p.m. today to make allegations. For the purposes of said file, we regret the demonstrations made by the LaLiga Social Discipline Judge in relation to the institutions and political authorities of Galicia, because we consider that it is not the proper scope for them and evidence early bias that has already been denounced by this Club. In the aforementioned disciplinary file initiated by LaLiga we have been able to verify that its President had assumed, already in the month of July 2019 and bound by the LaLiga Compliance Body, a duty to abstain due to issues of family ties in the face of any decision affecting the CF Fuenlabrada, SAD, without, apparently, the aforementioned duty having been respected, since The President himself has publicly and repeatedly stated that he himself adopted the decision to postpone the party and assumed full responsibility for the trip of the aforementioned club to the city of A Coruña..

Regardless of the aforementioned disciplinary file initiated by LaLiga, and in relation to the flagrant adulteration of the competition that occurred on the last day of the championship, andThis Club maintains a plurality of open fronts in defense of its interests, which we summarize below:

1. File 558 RFEF. Appeal against the Agreement of the Competition Committee to Defer the dispute of the Sport match vs. Fuenlabrada for reasons of sanitary force majeure (File 558). Given the breach of Circular 93 RFEF of unified schedule of the last two days of LaLiga de Segunda División, this agreement was appealed to the Competition Committee by the Real Club Deportivo. The Competition Committee resolved the appeal of the Real Club Deportivo in which we requested that Matchday 42 be played again by all the LaLiga teams of the Second Division in a unified schedule, declaring himself incompetent and submitting the file to the RFEF General Secretariat.

2. File 560 RFEF. Sanctioning File to Fuenlabrada. The Royal Sports Club requested the RFEF to open an extraordinary sanctioning procedure to Fuenlabrada for non-compliance with RFEF regulations. Also, the Real Club Deportivo requested the adoption of a series of precautionary measures that have not yet been resolved by the RFEF. The Real Club Deportivo is providing new evidence on a daily basis and certifying new breaches of the RFEF federation regulations as it has been found that Fuenlabrada failed to comply with the RFEF Regulations when traveling to A Coruña without a doctor. The RFEF sanction proposal is expected to be known next week.

Mainly, This Club considers that, in view of the partial practice of tests carried out, Fuenlabrada has breached the following articles of the current RFEF Disciplinary Code:

• Art. 68 Conducts contrary to good sports order, how to affect the integrity and normal development of the competition by not respecting the protocols of return to the competition related to COVID-19 and traveling with footballers infected with coronavirus, concealing their medical situation, with the serious risk for all footballers of the own team and rival, workers, hotel staff, means of transport and fans who have been in contact with the Fuenlabrada expedition. This non-compliance is assigned by the RFEF, among others, a financial fine sanction and demotion. In addition, the game would be won by winning the RCD with a result of 3-0.

• Art. 74 Omission of the duty to ensure the correct development of sporting events that imply risks for the participants in the same, both with regard to the development of the sport activity itself and the protection of fundamental rights. In this regard, we point out the fundamental right to health of human beings, enshrined in Article 43 of the Spanish Constitution (Article 43. 1. The right to health protection is recognized. 2. The public powers are responsible for organizing and protect public health through preventive measures and the necessary benefits and services. The law will establish the rights and duties of everyone in this regard.) Also the omission of sanitary security measures. This regulatory non-compliance is assigned by the RFEF, among others, a pecuniary sanction and the demotion, among others. In addition, the game by cattle would be given to Real Club Deportivo with a result of 3-0.

• Art 104 1. f) of the General Regulations of the RFEF, as Fuenlabrada did not have a doctor assigned to its staff on its journey to the city of A Coruña. The transfer of Fuenlabrada to the city of A Coruña without a doctor, in breach of the obligation that, as a Club, was required under art. 104.1 f) of the General Regulations of the RFEF constitutes an infraction of the federal regulations, being a conduct typified as a serious infraction in art. 139 of the RFEF Disciplinary Regulations, as the federal provisions referring to the conditions and technical elements necessary according to the rules of the game were deliberately breached, conduct to which an economic fine was imposed and the loss of the match, declaring the opponent the winner with the result of six goals to zero.

Likewise, the 3 precautionary measures requested, at the moment, by the RCD in this procedure are the following:

(I) CANCELLATION OF ALL THE RESULTS OF THE MEETINGS DISPUTED CORRESPONDING TO THE DAY 42 of LaLiga Smartbank, for adulterating and seriously violating the rules of the competition and the normal development of it, by not having respected Circular 93 of the RFEF regarding the dispute in unified hours, as well as the federal rules and damaging the interests of the RCD.

(II) THE SUSPENSION OF THE 2019/2020 FOOTBALL SEASON TO ALL EFFECTS, the Royal Spanish Football Federation abstaining from applying the results of the score corresponding to Day 42 of the LaLiga SmartBank partially disputed and, consequently, the IMMEDIATE SUSPENSION PROCESSING OF ASCENSES AND DESCENTS in the Second Division of professional football (LaLiga SmartBank), in as long as files 558 and 560 – 2019/2020 of the RFEF Competition Committee do not fully finish.

(III) SUBSIDIARILY, THE EXTENSION FOR THE PURPOSE OF THE 2020/2021 FOOTBALL SEASON OF THE NUMBER OF TEAMS CURRENTLY CONFORMING TO THE SECOND DIVISION OF SPANISH PROFESSIONAL FOOTBALL, LALIGA SMARTBANK, In a sufficient number at the discretion of that RFEF to ensure the normal development of the competition, as well as to avoid causing any harm to all affected Clubs with mathematical promotion and descent options, as a consequence of the breach of Circular 93 of the RFEF and, as a consequence of the non-celebration of LaLiga Day 42 in unified hours.

All this pending the decision adopted by the RFEF General Secretariat in the framework of File No. 558 – 2019/20 of the Competition Committee regarding the request already made by this INTEGRAL REPETITION CLUB OF DAY 42 OF LALIGA SMARTBANK , in such a way that all the meetings are held by all the Clubs on a unified day, in accordance with the joint agreement of LaLiga and the RFEF of July 6, 2020, reflected in Circular 93 of the RFEF.

3. Criminal way. In view of the complaint already filed by the A Coruña City Council, the A Coruña Provincial Prosecutor's Office has urgently begun to carry out investigative measures directed at the Xunta de Galicia, the Ministry of Health of the Community of Madrid and the Higher Sports Council, in order to know the previous information of the Fuenlabrada contagions to demonstrate behaviors of regulatory non-compliance. The Club's forecast is that this matter be referred to an investigative court in A Coruña, a procedural moment in which the Royal Sports Club and other interest groups such as the Peñas Federation may appear and defend their interests, as well as request precautionary measures..

Given the sports abuse that the LaLiga Presidency intends to perpetrate against the Real Club Deportivo de La Coruña, SAD, one of its affiliated clubs, skipping the clearly defined regulatory framework, transparency and fair play that must prevail in the competition, a conflict that arises before a Club in relation to which there is a conflict of interest already reported in 2019 and which requires a duty of abstention from the President of LaLiga, this Club expressly reserves the exercise of all legal actions that it deems most appropriate in defense of your rights before the sports jurisdiction and, where appropriate, the ordinary.

In the battle in defense of the interests of the Real Club Deportivo de La Coruña, SAD, the city of A Coruña and Galicia, this Board of Directors will exhaust all avenues of defense and will go to all levels that protect professional sports activity, claiming the application of the regulations established for the normal development of the competition, denouncing scenarios of abuse of authority and discretionary decisions, with the consequences that result from all this.