Javier Tebas could not make any decision or take any action on the C.F. Fuenlabrada S.A.D. His participation in the decision to postpone the Deportivo-Fuenlabrada match did not comply with the recommendation of the LaLiga Regulatory Compliance Body Taken at the beginning of the season after informing the Delegate Commission and the LaLiga Assembly that one of his sons was a legal advisor and non-director secretary of Fuenlabrada.
LaLiga has sent an information note to all the clubs in which it explains that One year ago (on July 21, 2019), Thebes informed the LaLiga Regulatory Compliance Body a year ago that his son worked in the Fuenlabrada. It reports that on July 29, 2019, the Compliance Body issued a report saying that it should inform the LaLiga Executive Committee and General Assembly of the fact that there could be a conflict of interest because his son worked on a LaLiga member team of which he is president. This information was made (on September 28 to the Delegate Commission and on October 29 to the General Assembly) and the Compliance Body of LaLiga told Thebes not to participate in any action or decision on the Fuenlabrada and that delegate for any matter should delegate to a vice president or a general manager as specified in article 33 j) of the LaLiga Bylaws.
After explaining that Thebes communicated about the conflict of interest with his son and that he did so, in the third point of the information note it is indicated that the president of LaLiga yesterday sent a letter to the first vice president of LaLiga, following a recommendation by the Organ of LaLiga Compliance. In that letter, dated July 21, 2020, Thebes announces that he abstains in any resolution that the League takes to clarify and settle what happened with Fuenlabrada and the positives of COVID that caused the suspension of his last League match. An abstention that communicates a day after having made the decision to suspend the party.
After the scandal caused by the suspension of Deportivo-Fuenlabrada, LaLiga has sent an information note to the clubs that compose it to report on the conflict of interest between its president Javier Tebas and the fact that one of his sons is a legal adviser and secretary of the Fuenlabrada council. In this note it is reported that a year ago, on July 21, 2019, the president of LaLiga informed the LaLiga Compliance Body that one of his sons had been performing for two seasons “the role of legal adviser and secretary no director of the CF Fuenlabrada SA “. Thebes made this action “in order for said body to analyze this circumstance and indicate how to proceed in this regard.” This communication was made before proceeding to the registration period and that Fuenlabrada was a member of LaLiga.
According to the information note sent by LaLiga in the last hours, the LaLiga Compliance Body issued a report on July 29, 2019 in which it recommended informing the Delegate Commission and the General Assembly, something that occurred on 27 September and October 28, respectively, “without any attending member expressing any objection, as well as the abstention of the president of LaLiga in the event that it was necessary to execute any type of action or decision on the C.F. Fuenlabrada S.A.D., delegating for this purpose its specific powers over decision-making in this regard to the persons indicated in article 33 j) of the Bylaws “.
Point j) of article 33 reads as follows:
“The President may delegate any of the powers conferred on him by the Vice-Presidents of LaLiga, the Corporate General Director, as well as the Legal Director, and must communicate to all the members of LaLiga, such delegation.
The President may delegate any of the powers conferred on him in favor of two LaLiga employees, provided that said delegation is jointly authorized by any one of those listed (Vice-Presidents, Corporate General Director and Legal Director). Once the delegation has been made, it must be communicated to all LaLiga affiliates.
For the purposes set forth in the preceding paragraphs, the President, with the authorizations indicated, may grant and grant powers in a public document ”.
But Tebas did not delegate the decision on the postponement of Deportivo-Fuenlabrada to anyone, as it had promised with the LaLiga Regulatory Compliance Body. The decision was made in consensus with the Federation and the CSD, but he should have delegated the decision to someone because his son is a legal advisor and secretary of Fuenlabrada and thus he had promised to do so before the Delegate Commission and the General Assembly with any action or decision about that club.