Justice dismisses LaLiga's lawsuit and gives the reason to the RFEF for not authorizing Girona-Barcelona in Miami

The Federation, supported by FIFA, did not approve the dispute of this match, corresponding to day 21 and that LaLiga wanted to play on January 26 at Hard Rock Stadium

The Commercial Court No. 12 of Madrid announced Friday that it has dismissed the lawsuit LaLiga filed against the decision of the Spanish Royal Federation of Soccer (RFEF) not to authorize the dispute of Girona-FC Barcelona of LaLiga Santander 2018-2019 in Miami (United States).

The RFEF, supported by FIFA, did not approve the dispute of this match, corresponding to day 21 and that LaLiga wanted to play on January 26 at Hard Rock Stadium. The body chaired by Javier Tebas filed a lawsuit in November 2018 against this measure, but the ordinary trial was not held until February 12.

In its lawsuit, the employer accused, among other things, of unfair competition to the federation and of impeding the processing of its application, and insisted that the court be given permission to play the matches of the competitions it organizes outside Spain. .

However, the magistrate Ana Mara Gallego establishes in its opinion that the RFEF did not engage in unlawful conduct of unfair competition, given that this type of competition must be carried out “in coordination” between the two institutions, as already stated in other judicial resolutions of other disputes between these two organizations .

In addition, he also recalls that the RFEF “did not deny the authorization” expressly since its deadline to “properly form its will and decide whether or not to authorize the meeting” and request the authorization to UEFA expired on January 5 of that same ao. “However, FC Barcelona renounced the dispute of the game in Miami,” remarks the sentence in relation to the statement of the Blaugrana club of December 10, 2018.

Do not see “obstruction number”

In the same way, it does not see “obstruction number” in the federative entity in its request for documentation to LaLiga because “given its coordinating function, it must weigh the different interests in conflict”, and also does not consider LaLiga's argument that the RFEF s allowed the Spanish Supercup 2018 to be played in Morocco (Tnger) because “they are competitions, not only different, but of structure and involvement of clubs, members, and interested parties, very diverse.”

Finally, for the magistrate “it is not understood that” the RFEF, when requesting from the employer the contract with Relevant, the party organizer, “would pretend to hinder” the company's contractual relations with LaLiga, nor that it would like to obtain “privileged information “of the economic terms of the contract between the two” to use them for their own benefit “.

The court pointed out that against this judgment it is possible to lodge an appeal before the Section 28 of the Provincial Court of Madrid, the competent one in matters of a commercial nature.