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02
Feb
2016
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Football Legal
CAS
Cases
Romania International

CAS 2015/A/4097 Fotbal Club CFR 1907 Cluj S.A. v. Romanian Football Federation (RFF)


Date of the decision: 2016-02-02
Arbitrator(s): Manfred Peter Nan

Under the RFF Licensing Regulations, having overdue payables towards other clubs and employees is not decisive for being granted a license to take part in the Liga 1 (as opposed to UEFA Licensing policies). Having overdue payables towards football clubs and/or employees is however considered relevant in the process for being granted a license in that clubs having such overdue payables will be deducted points from their league ranking

Different from ordinary businesses, football clubs are in general not automatically entitled to participate in the market (competition) they would like to participate in. Rather, participation may be made subject to certain preconditions. In order to participate in the Romanian Liga 1 National Championship football Clubs, need to qualify on the basis of sporting merit, but football clubs also need to comply with other preconditions, such as compliance with the RFF Licensing Regulations.

The concept of “outstanding debts” is clearly defined in the RFF Licensing Regulations: a financial debt is not considered outstanding if a Club is protected by insolvency and the syndic judge has confirmed a restructuring plan before 31 March. A contrario, based on the same RFF Regulations, a financial debt should be considered as outstanding if no restructuring plan has been concluded before 31 March, despite the fact that a Club is in insolvency.

The mere fact that a Club entered into insolvency did not entail that its debts were no longer due. Indeed, the involvement of the court in the affairs of a Club means that such Club was a debtor. The mere fact that a Club entered into insolvency did not automatically defer the due dates of the debts, these due dates would only be deferred upon the conclusion of a reorganisation plan, approved by the syndic judge.

The lack of financial means, even though caused by sporting conditions, to satisfy an obligation of payment does not excuse the failure to make the required payment.

The distinction between the “observation period” and the period following the conclusion of a restructuring plan in the RFF Licensing Regulations serves a purpose, namely to enhance the financial viability of Clubs in Romanian football. As per these regulations, Clubs applying for a license to participate in the Liga 1 are not allowed to have outstanding payables towards football Clubs and/or employees on 30 April that were already registered on 31 December. The RFF Licensing Regulations enumerate a specific list of exceptions to this general rule. However, all creditors are treated the same and would in principle have to apply for being officially listed as a creditor of a Club in the insolvency proceedings.

Facts/Procedure

On 29 January 2015, the Club filed a motion with a local “specialized court” for the initiation of an insolvency procedure. On 4 February, the court issued a resolution admitting the request filed by the Club and ordering the opening of the general insolvency procedure against the Club.

Also, on 4 February 2015, the “Discipline Committee” of the Romanian Football Federation (RFF Disciplinary Committee) issued six decisions without grounds in respect of the Club, all of them imposing a ban on the Club’s right to transfer and/or endorse players and a deduction of 4 points from the Club’s championship tally, totaling 24 points.

On 10 February 2015, the Club filed six appeals in respect of the above-mentioned decisions with the “Appeal Committee” of the RFF.  

On 11 February 2015, the RFF Disciplinary Committee issued twelve decisions without...

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Topics
  • CAS
  • Disciplinary disputes
  • Overdue payables
Keywords
  • Romanian Football Federation (FRF)
  • Club licensing
  • Court of Arbitration for Sport (CAS)
  • Insolvency
  • National Law
  • Overdue payables
Find out more
  • CAS 2015/A/4097 Fotbal Club CFR 1907 Cluj S.A. v. Romanian Football Federation - The nature of disciplinary sanctions applied by the licensing administration in relation to clubs undergoing insolvency
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