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Sion fielded ineligible player, get kicked out and the team they "cheated" against are reinstated which I think is fair enough.
They failed in their appeal against UEFA and took it to a civil court and UEFA lost. Being ordered to reinstate them and UEFA has to pay $1000 a day that they are not complying.
Its suggested UEFA will reinstate them and let them and Celtic play their games but Platini says that cant be done.
Hopefully it wont. Sion fielded an ineligible player and should have been kicked out. Rules are rules. I think Sion should be banned for a season for going to an outside court like they did which is against FIFA and UEFA too. That may be harsh, but the bear minimum they should not be put back into the cup.
I know, it will be ridiculous if Sion are aloud back in. God knows how they will be able to make it work because Celtic without a doubt should not be thrown out as they have done nothing wrong.
Sion fielded ineligible player, get kicked out and the team they "cheated" against are reinstated which I think is fair enough.
They failed in their appeal against UEFA and took it to a civil court and UEFA lost. Being ordered to reinstate them and UEFA has to pay $1000 a day that they are not complying.
Its suggested UEFA will reinstate them and let them and Celtic play their games but Platini says that cant be done.
Hopefully it wont. Sion fielded an ineligible player and should have been kicked out. Rules are rules. I think Sion should be banned for a season for going to an outside court like they did which is against FIFA and UEFA too. That may be harsh, but the bear minimum they should not be put back into the cup.
There are a few things here.
Firstly, the original CAS ruling was imprecise. Was it two transfer windows or two transfer years (remember, there are two transfer windows per year)?
Second, it is not for UEFA to define eligibility. That is for the Swiss FA and they had already lost in court before Sion played Celtic (Martigny civil court). Because of this, UEFA actually approved the Sion team list before the matches with Celtic. NB. Sion beat Celtic fair and square over two legs. They only 'unapproved' the players after the Celtic protest and under pressure from FIFA. Thus, the accusation of 'cheating' is open to dispute. In any event, a Swiss court found that they were eligible. Therefore, in law, they are eligible and, as we are seeing, UEFA does not get to arbitrarily decide whether to abide by the decision of the court or not.
Third, in a democratic society, everyone has a right to seek redress before the law. Being a professional footballer or a football club does not mean you lose this right. By sanctioning Sion and the players for exercising their rights, UEFA, the Swiss FA and possibly FIFA are breaking Swiss (and possibly EU) criminal law. That is one of the two criminal complaints that have been made against Platini and Infantino (they went before the Vaudois prosecutor today). Footballers may be highly paid professionals but they are still employees and they have rights in law.
Fourth, many of the transfer and disciplinary practices in professional football are probably technically illegal under EU and Swiss employment law. The main reason this hasn't been challenged before is because, in general, footballers are very well paid and have no interest in rocking the boat.
Fifth, UEFA have handled this whole affair in a spectacularly incompetent manner. The Swiss court found that they had actually broken their own rules in the way they banned Sion. More importantly, UEFA now have their head buried firmly in the sand and are pretending that they are above the law. Needless to say, the Swiss legal system does not buy that argument. UEFA say that the affair should be handled by the CAS. But there are two problems there; first Sion do not trust the impartiality of the CAS and, anyway, they already have a court judgement in their favor; second, the CAS is not a law court per se ... it is an arbitration tribunal.
In reality, UEFA have been operating a nice little cartel for years and they have got away with it. By their intransigence on this matter, that is going to get blown out of the water. Sion have shown that they are not scared to stand up to UEFA and they are winning. Other clubs will be watching with great interest. UEFA should have compromised weeks ago and found a way for Sion to get back into the EL. Football is big business and UEFA, stupidly, are putting the gravy train at risk.
Its not up to the Swiss FA to decide who is eligible for a UEFA tournamet its up to UEFA. The Siwss FA puts their teams forward and says its their choice for winning whatever tournaments they won.
Its a Sport and they broke clear rules. So if a court decides otherwise UEFA and any other ogranisation just has to change the rules to suit the courts ? I dont think so and hope UEFA does not comply. The Footballers will still be employed by the club and still get paid so that has no bearing on them.
So I am supposed to feel pity for a player for being transferred, receiving a nice chunk of change from the transfer fee and inflated salary ? Let me get my tissues ...
Its not up to the Swiss FA to decide who is eligible for a UEFA tournamet its up to UEFA. The Siwss FA puts their teams forward and says its their choice for winning whatever tournaments they won.
Its a Sport and they broke clear rules. So if a court decides otherwise UEFA and any other ogranisation just has to change the rules to suit the courts ? I dont think so and hope UEFA does not comply. The Footballers will still be employed by the club and still get paid so that has no bearing on them.
So I am supposed to feel pity for a player for being transferred, receiving a nice chunk of change from the transfer fee and inflated salary ? Let me get my tissues ...
UEFA is based in Switzerland and subject to Swiss law. No organization is above the law and their rules have to be legal under the law. Failure to comply will cost them tens of thousands of Swiss Francs. It will also cost Platini and Infantino personally. Both will be fined on their own accounts and both will end up with a criminal record. Platini - who is French - might also lose his work permit for Switzerland.
So if the Swiss Courts decide that even though Sion broke the rules they have to be put into the final then thats it ? The courts need to stay out of this and UEFA need to fight it tooth and nail.
So if the Swiss Courts decide that even though Sion broke the rules they have to be put into the final then thats it ? The courts need to stay out of this and UEFA need to fight it tooth and nail.
The Swiss court found that Sion had not broken the rules but that UEFA had broken their own rules.
Part of the problem here is that UEFA are making it up as they go.
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25 Nov 2011
SION are now threatening to sue the SFA if they fail in their bid to get reinstated into the group stages of the Europa League, writes Matthew Lindsay.
The Swiss club had its appeal at the Court for Arbitration in Sport heard yesterday and hope to learn of the outcome inside a fortnight.
Sion, led by controversial chairman Christian Constantin, are challenging the legality of Fifa’s transfer embargo. The ban led to them being thrown out of the Europa League for fielding ineligible players in their play-off with Celtic.
The Hoops were given Sion’s place in the group stages alongside Rennes, Udinese and Atletico Madrid.
Sion have confirmed that they will lodge a £9million damages claim against the French Football Federation for allowing their representative, Rennes, to play their group games.
And the Swiss club have vowed to sue the Spanish, Italian and Scottish Football Associations if the CAS decision doesn’t fall in their favour.
A Sion spokesman said: “Our lawyer started this action against the French Football Federation because of the non-organisation of the Rennes v Sion game.
“The Swiss civil court ordered Sion to be reintegrated immediately on October 7. They didn’t do this and we need to repair these damages. We are planning something for every federation.
“This would be for lost prize money and other matters.”
However, the Sion spokesman said the club had not decided what course of action to take with the SFA.
“Legal action against the Italian or Spanish FAs depends mainly on this fact: will they organise the game against Celtic or against Sion?” the spokesman said.
“It depends on Uefa’s reaction to yesterday’s CAS ruling and the final judgment of the Swiss civil court.
“For the Scottish FA, the case is a bit different. Nothing’s decided on that point.”
Looks like Sion are going to go sue mad. They wont win their court case I dont think. Would love them to just dissappear at this stage. You get players why youre under a transfer embargo and wonder why you got thrown out.
Looks like Sion are going to go sue mad. They wont win their court case I dont think. Would love them to just dissappear at this stage. You get players why youre under a transfer embargo and wonder why you got thrown out.
They already won their court case ... and it is costing UEFA Frs 1000 for every day they fail to comply.
In a court in Switzerland, have you been following the case at all ? Sion will be denied by the CoA.
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