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Financial Fair Play investigation

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Damo_1878 said:
On what basis would the European Court of Human Rights rule on a matter of company law?

On a private contract between companies (Premier League and member clubs)?
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Because one company may feel they have been unfairly treated and in a way outside of the protocols of European law. That has already been established by City as CAS in relation to UEFA.

Bosman has a private contract too. But law trumps business practice.
 
Bez2k2k said:
Don’t think so. The independent panel whom is made up of premier league members will review the accounts etc and the apparent ffp breach. Everton will contest with its own evidence. The independent panel will consider and then decide. If there’s a case then there will be a recommendation for punishment if they side with Everton it will all be done.

If we lose and Everton want to appeal we can. But the premier league don’t recognise the Court of Arbitration for this matter, so as far as i am aware it can never get to this level.
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The premier league has to respect CAS, or the legal framework it operates under. Its contracts are governed partially by CAS.
 
catcherintherye said:
Theoretically know, but of course one party could seek legal damages. This is already happening by the way, with lots of clubs outside of Everton.

My question would be though, if the PL was confident in its procedures, why does it make it very difficult, almost impossible for evidence to be heard in an impartial court?
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Oh god...

Mate. CAS can only adjudicate in agreements where both parties agree it can. Premier League in its rulebook that constitutes a legal contract between Premier League and member clubs (and relegated clubs) excludes it. Adjudication CAN ONLY TAKE PLACE UNDER ENGLISH LAW

No ifs. No maybes.
 
Damo_1878 said:
On what basis would the European Court of Human Rights rule on a matter of company law?

On a private contract between companies (Premier League and member clubs)?
Click to expand...


The libelous language and illegal persecution of (Sir) William Kenwright CBE by evil mega corp The Premier League.
 
catcherintherye said:
Because one company may feel they have been unfairly treated and in a way outside of the protocols of European law. That has already been established by City as CAS in relation to UEFA.

Bosman has a private contract too. But law trumps business practice.
Click to expand...

That is a totally different case between what was an individual a "natural person" and a "legal person

This is a contract between "legal persons"

Companies do not have "human rights"
 

Damo_1878 said:
Oh god...

Mate. CAS can only adjudicate in agreements where both parties agree it can. Premier League in its rulebook that constitutes a legal contract between Premier League and member clubs (and relegated clubs) excludes it. Adjudication CAN ONLY TAKE PLACE UNDER ENGLISH LAW

No ifs. No maybes.
Click to expand...

So your legal understanding is that you can only go to court of both parties agree?

I'm afraid that flies in the face of logic. How many people who get sued want to go to court?

And as for English law v European Law, it is my understanding we still sit under European sovereign courts, but I appreciate that is more complex.
 
Simon Buttle said:
Not at all mate. it just means you have to actually get out there and scout for players and have a proper recruitment plan. Brentford and Brighton both have the lowest wage bills in the league but both have probably the best recruitment setups. Also we do have some decent young lads in the under 21s, they need to be given a chance though. The only concern with that is Dyche is not known as a promoter and developer of young players, he may not have a choice if we get an embargo.
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How many trophies or european football have they gotten between them mate ?

They'll be in the bottom half this time in 2-3 seasons and we'll be crowing over whoever the next hipster club is punching above their weight temporarily.

@Saint Domingo
 
Damo_1878 said:
That is a totally different case between what was an individual a "natural person" and a "legal person

This is a contract between "legal persons"

Companies do not have "human rights"
Click to expand...

So if a company feels it has been diddled, and the company that diddled them doesn't want to go to court, what do they do in your world?
 

catcherintherye said:
So your legal understanding is that you can only go to court of both parties agree?

I'm afraid that flies in the face of logic. How many people who get sued want to go to court?

And as for English law v European Law, it is my understanding we still sit under European sovereign courts, but I appreciate that is more complex.
Click to expand...

It's defined in the private contract between the parties.

If one party tries to take it to a court jurisdiction outside the contract they are in breach of contract.

Mate. You're giving me a headache with this. Youve already been told about this several times.

NO CAS. NO EUROPEAN COURT OF HUMAN RIGHTS.
 
Damo_1878 said:
It's defined in the private contract between the parties.

If one party tries to take it to a court jurisdiction outside the contract they are in breach of contract.

Mate. You're giving me a headache with this. Youve already been told about this several times.

NO CAS. NO EUROPEAN COURT OF HUMAN RIGHTS.
Click to expand...

Writing in block capitals doesnt make you correct, it just shows you're not confident in your position, which is reasonable enough.

I'm afraid, business can take other business to court if they wish, and they do not need the consent of the other party to do so. This is just very obvious I'm afraid.

And as indicated again, stamping your feet and screaming "no no no" doesnt prevent it happening.
 
Cant quite believe that after getting rid of all those big earners that wages are still 90% of our turnover. Mina, Davies and Townsend leaving on a free, with Coady and Vinagre’s loans finishing helps a little bit. Alli, Gbamin and Gomes returning would be problematic.

Doucoure and Iwobi don’t deserve to be on the massive wages they’re on and yet they’re two of our only productive players so we can’t possibly let them go. Tough situation to bring that wage bill down.
 

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