LaLiga has just denounced before the CSD a Luis M. RubialesPresident of the Royal Spanish Football Federation (hereinafter, the RFEF), Andreu Camps PovillSecretary General of the same, and against the members of the Delegated Commission of which they voted in favor of the approval of the Rules and Competition Rules 2022-2023 for First and Second division A.
In the letter sent last Monday, July 4, LaLiga denounces that on June 28, 2022, the Delegate Commission of the RFEF approved said Rules and Regulatory Bases of the first and second division for the 2022-2023 season. According to the document sent by the League: “Once again the RFEF has included in them, once again, content contrary to the Resolutions of the Presidency of the CSD 47/2020 and of October 16, 2020, as well as the Orders and Judgments of the Provincial Court of Madrid indicated “In the first the CSD authorized the dispute of matches in these slots with a limited number on Mondays and a protected slot on weekends from 12:00 to 2:00 p.m.
In the same, LaLiga recalls that it is within its competence to fix the schedules “there is no applicable provision that emanates from the RFEFgiven that it lacks powers over the programming of the matches of the professional competition, and especially of the schedules”.
In the same document, LaLiga states that this new proposal where no RFEF it does not include Fridays and Mondays, only including Saturdays and Sundays, for the dispute of league matches it is another challenge for the RFEF. It is evident that the RFEF once again challenges the Higher Sports Council, the Courts of Justice and this Professional League, by way of fact, and using the Competition Rules and Bases that do not elevate the CSD with torticero character to force an unnecessary conflict.
The provisions indicated in the facts of the Rules and competition rules for first and second division 2022-23 constitute a serious and repeated breach of the Resolutions of the Presidency of the Higher Sports Council who have established the limitations that attend the RFEF regarding the programming of professional competition matches.
They introduce legal uncertainty with respect to third parties (audiovisual operators), sow doubts in the offer of tenders, and imply an action of excessive competence. Force to LaLiga to resort to them, CSD to intervene when everything has already been expressly resolved. It is to create conflict for no reason, as is usual in the RFEF and in Mr. Rubiales.
There is no doubt that the RFEF does not respect the CSD nor to the Courts of Justice that have confirmed their Resolutions, and that this is punishable by sports disciplinary means.
It is not possible to be enduring these challenges every season, the wear and tear of having to systematically resort to the Competition Bases, nor the reputational bankruptcy that is generated for the CSD and to LaLiga. Hence, this time we proceed now, exhausted any hope that the RFEF is subject to the Law and the right, and to the mandatory Resolutions, for presenting this complaint, so that this behavior is sanctioned
It is not questionable that the approval of the Competition Bases in the terms in which it has been done represents an excessive and arbitrary exercise, given the existence and prior knowledge of the administrative and jurisdictional resolutions that have been intentionally omitted to comply, especially when some of the members have cast a dissenting vote on the matter. Therefore, although he attends the Delegate Commission of the RFEF the power to approve them has been made by abusing the power conferred to generate a seriously unlawful agreement through its content, already described.”
The league understands that the approved content generates direct damages to LaLiga, its clubs, audiovisual operators and sponsors, and many other third parties. That is to say, both to the direct recipients of the Competition Rules and Bases, and to third parties. question the powers of LaLiga.
In addition, La Liga makes clear in the writing “The extreme seriousness of what happened is not necessary to detail because it is obvious: a repeated conduct, with great media impact, with very serious economic and reputational effects for the CSD, LaLigathe clubs that own the rights, audiovisual operators with a contract, the value of the rights in future tenders, etc.”
And it ends by requesting that “the present complaint be sent to the Administrative Court of Sports, requiring it to initiate disciplinary proceedings against Mr. Luis M. Rubiales Béjar, President of the RFEFagainst Mr. Andreu Camps Povill, Secretary General of the RFEF, and against the members of the RFEF Delegate Commission who attended and voted in favor of the approval of the Competition Bases 2022-2023 for the first and second division in the meeting of June 28, 2022, for the facts and behaviors denounced, either in accordance with the proposed legal qualifications, or for those that could be considered appropriate in accordance with the evolution of the file”
LaLiga requests that, once the disciplinary procedure has been initiated by the Administrative Court of Sport, the Board of Directors of the Higher Sports Council be summoned to agree on the precautionary suspension of the files, for the reasons indicated. And that the procedure is urgent.
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