Duncan Castles
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ENGLAND could be suspended from international competition and English clubs prevented from playing Champions League and Uefa Cup matches if the Premier League is taken to court over West Ham United’s use of ineligible players.
Charlton, Fulham, Sheffield United and Wigan have threatened the league with legal action over its decision to punish West Ham with a £5.5m fine for failing to disclose third-party control in the contracts of Carlos Tevez and Javier Mascherano. The clubs believe West Ham should have lost points for breaching Premiership rules and will seek to mitigate their losses should one be relegated to the Championship in the London club’s stead.
Any attempt to do so through the courts is expected to receive short shrift from Fifa, which argues that the involvement of state courts in football disputes interferes with the autonomy of the game and undermines the sport’s own arbitration system. As recently as last summer, Fifa discussed imposing international suspensions on the Italian and Portuguese federations when they were the subject of legal action from their own clubs.
Article 62 of the Fifa statutes states: “Recourse to ordinary courts of law is prohibited unless specifically provided for in the Fifa regulations. To ensure the foregoing, the associations shall insert a clause in their statutes stipulating their clubs and members are prohibited from taking a dispute to ordinary courts of law and are required to submit any disagreement to the jurisdiction of the association, the appropriate confederation or Fifa.”
When the players’ transfers were concluded, West Ham’s contracts with Tevez and Mascherano included clauses allowing investment companies to move the players to other buyers as and when the investors saw fit. These clauses came to the Premier League’s attention when Mascherano moved to Liverpool in the January window. The league appointed an independent commission which found West Ham guilty of breaching rule B13, committing member clubs to act “in the utmost good faith” towards each other, and rule U18, preventing contracts that allow third parties “the ability materially to influence its policies or the performance of its teams”.
The commission elected to impose fines rather than dock points. Representatives of Charlton, Fulham, Sheffield United and Wigan have informed the league that they are seeking legal advice.
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Why don't they just deduct two points from West Ham. This would have to satisfy the arguing clubs but the relegation situation would not be changed. There is far too much arguing. The game is being spoiled by everyone arguing. The players on the pitch. The managers on the bye line. The Directors in the Board Room.
Too much money is being given to players and this is making the game too expensive for families.
Rugby Fan who no longer feels able to support soccer.
George, Canterbury,
Vivek, FIFA/UEFA aren't saying that the English teams can't use the courts. They're saying if the teams use the courts, the teams and the Premier League aren't playing by FIFA/UEFA rules, and are thus ineligible for international competition. Makes perfect sense - anybody want the Champions League decided by a group of (insert often-derided European country of your choice) judges?
If the English teams care more about their domestic TV money than the European competition money, then we might still see a lawsuit.
Alex, New Jersey, USA
This surely sounds like an abuse of power by UEFA and FIFA if they say that clubs aren't allowed to use ordinary courts of law.
If it really got to a situation where suspensions were being threatened or handed out than I wonder if English clubs could sue these governing bodies in the Court of Arbitration for Sport or even refer them to the European Commission?
Vivek, London,
Football is now big business and whether FIFA like or not (and I don't) businesses always resort to the courts when they perceive they have lost out. FIFA and the EPL have brought this on themselves with the ownership of football clubs through highly leveraged debt - none of the current influx of 'businessmen' would have given the Englkish clubs a second look if they couldn't load the debt onto the clubs and get tax relief on it. Sooner or later one or more of these clubs will collapse under the debt - and our so called press (including the BBC) will be in a state of shock horror because they were too dumb to see it coming.
Get Glazer out of MUFC, Brighton, UK
English clubs kicked out of European compettion? What better reason for Charlton, Wigan et al to go to court against the Premier League! The Champions League has done more harm to 88 league clubs than anything managed by the advent of the Premiership - just ask Leeds - our league championship is a closed shop to anybody outside the top 4 and will continue to be so whilst UEFA reward finishing fourth with multi-million pound prize maoney and TV deals. Good luck Wigan, good luck Charlton, good luck Sheff Utd - the rest of the football league is with you!
Richard Cotton, Manchester,