The CAS has agreed with LaLiga in the litigation caused by the postponement of Deportivo-Fuenlabrada of matchday 42 of the SmartBank League. The resolution issued by the Court of Arbitration for Sport resolves that the competent body to settle the Fuenlabrada Case is the LaLiga Disciplinary Judge and not the RFEF Competition Committee. This decision also assumes that Fuenlabrada remains in the Second division, since the Social Discipline Judge of the League issued a final ruling in favor of the Madrid club on August 7, by not “observing the existence of non-compliance with relevant infringement.” In that report, the Judge released LaLiga and the Madrid club from any responsibility for traveling to A Coruña with several positives for Covid-19 in the expedition.
Once the TAD has declared the LaLiga Disciplinary Judge competent, the extraordinary file processed against Fuenlabrada by the investigating judge appointed by the Competition Committee of the Spanish Football Federation remains without value. This resolution comes to light hours before the Higher Council of Sports, LaLiga and the Federation meet this Thursday to set the league calendar for the 2020-21 season.
The Competition Committee will no longer be able to decide on the proposal of the examining judge, limiting itself to filing the proceedings. The resolution of the CAS is final administratively, so the two affected clubs, Deportivo and Numancia, may only go to the ordinary courts. To do this, they will have a period of two months to file an appeal before the Central Contentious-Administrative Court of Madrid.