BARCELONA, 21 Feb. (EUROPA PRESS) –
The Court of First Instance number 15 of Madrid considers that the Royal Spanish Volleyball Federation (RFEVB) and its president, Agustín Martín Santos, misapplied the regulations in a General Assembly of the Spanish federative entity and agrees with several territorial federations that denounced the case, which includes the approval of several agenda items without allowing votes.
The ruling, to which Europa Press has had access, the court considers that the assembly members who since 2021 have denounced the poor application of the RFEVB regulations are right in that the Assembly in which the events occurred was not allowed. correct voting on several points.
Specifically, the court considers that the RFEVB misapplied article 101 of the General Regulations to not submit to debate or vote those assembly matters that do not have an amendment or alternative proposal.
“The interpretation made by the president and maintained by the defendant is not in accordance with either the Law or the Jurisprudence on the matter, nor does it respect the Statutes of the Association,” reads the ruling, which on this point agrees with the federations. plaintiffs from Aragon, Cantabria, Catalonia, the Valencian Community and the Basque Country, who reported the case.
The ruling also declares “null” all agreements that were not submitted to debate or voting, such as the closing of the 2020 financial year and the 2021 budgets, the action plans of the RFEVB for 2021, the draft state-level competitions, the RFEVB sports calendars, the health protocols of state-level competitions and the rules of the game for the youngest category.
In the ruling, the judge states that the interpretation made by the president and maintained by the defendant “is not in accordance with either the Law or the Jurisprudence on the matter”, and that it does not respect the Statutes of the Association and therefore considers them null. “the items on the agenda in which members were deprived of casting their vote.”
As confirmed by sources from the Catalan federation, this is the second ruling that warns of irregularities in the actions of the RFEVB, since in 2022 the Central Administrative Litigation Court number 11 ruled to uphold the appeal presented by the Catalan Volleyball Federation, the Aragonese Volleyball Federation and David Lechón Blasco against the TAD resolution on the creation of the provisional census of the RFEVB electoral process.
Then, the court ordered “to return the procedure to the moment in which the TAD resolves in an exhaustive and reasoned manner on the challenges made to the provisional census.” The judge sentenced the Administration and the RFEVB to pay costs and the case is now in the National Court after the appeal presented by the Higher Sports Council (CSD) and the RFEVB.