“The good faith of Napoli showed. Juve could go to Tar”

NAPLES – The lawyer of the defense board of Napoli Enrico Lubrano commented on Radio Punto Nuovo judgment who ordered the remission at a later date in the game originally scheduled between Juventus not parthenopei: “This is not my victory, nor that of the other lawyers, it is a victory for the company and by Laurentiis. The lawyer can win a case only if there are valid reasons in the conduct of his client, we won because we were able to show that Napoli’s conduct is in line with the principles of legality. The federal judges have lost two fundamental passages: they denied the presence of force majeure, we have shown that Saturday’s problems were of home isolation and, according to the legislation -but it is intuitive-, it implies in itself, the ‘obligation to remain at the residence with travel ban. This means that the entire group of the team cannot leave, so the responsible company had to choose to comply with the provision of the authorities. The second reason is that the Federal Justice says that the causes of force majeure can only refer to Sunday: the game was not played because Napoli did not appear and we have shown that this measure was decisive. If he had allowed movement in the bubble, they would have had 7 hours and 17 minutes to get to the stadium: it was impossible to do so, even including the tampons required by law. In any event, the foreclosure was relevant because it prevented an exit that would still have been possible. We highlighted a distortion of the federal judges who had applied contrary principles: we also showed that Napoli had no reason, given that this was the ideal time to play, given the initial phase of Juventus who struggled to unite the team with a new coach. . Napoli were not afraid of losing, but wanted to respect the rules. Juventus can do what they want, even appeal filed in Tar, but it would have two almost insurmountable obstacles: active legitimation, it would violate art. 3; As it is a sports disciplinary matter, only an equivalent compensation can be requested from the administrative judge. You cannot ask for demolition or cancellation. decisions because excluded by the Constitutional Court.

“If it is here? The Prosecutor’s Office will evaluate the conduct of Napoli, which has opened a new disciplinary measure for having been unjustly released from the game. They will make their own legal evaluations. Anything can happen in law and justice, there are no certainties, they are inexact sciences, but there are gods objective data, Napoli has not violated the protocol established by the circular of June 18, 2020 ordered by the Ministry of Health. Napoli did not even violate any sports loyalty because on Sunday the health authorities denied the trip. Napoli did nothing more than follow the circular, the ASL gave the indications and Napoli followed them, they would have violated them after, perhaps they would not have lost at the table, but they would have had criminal and disciplinary consequences. You can never be calm, but safe with your feet on the ground. The League, when deciding the date on which the game will be played, will have to fully respect the principle of linearity of the championship and make it play as soon as possible. A better Christmas for many fans? A great satisfaction. The most important victory of yesterday is not only the sporting one, but the recovery of the violated dignity, not only of the club, but also of the entire fans and the entire city. by what team tifor? I have affection for Napoli, especially at this time. But for professional secrecy, it is top secret ”.

Lubrano on Radio Marte: “Dignity returned to Naples”

Lubrano also spoke with Radio Marte on the same topic: “I do not want to put the companies in opposition. The figure is unique and the satisfaction derives from having obtained justice as it should have been and having returned to Naples and the president on dignity denied all this time. The first thought of the decision refers to the point recovered, the possibility of playing an important match. However, the most important point for everyone is dignity. These decisions, which I absolutely respect, had taken away the dignity of the company, which had been unfairly accused of malicious conduct that was manifestly non-existent. There have been gods legal errors understandable but consistent in the two levels of judgment of the League and the federal, we have highlighted them well and we have made them understand. Essentially two: the travel foreclosure order was already issued on Saturday, because the industry legislation holds that home isolation means staying home without being able to travel or travel.

“It was an implicit but clear legislation. You cannot expressly make transfers or trips and that is why Napoli got off the bus. The president and the club fulfilled their duty as citizens. If they had not done so, the team would have taken over. Penal Code. Napoli had requested authorization for the transfer in the bubble and the ASL said on Sunday that not for reasons of protection of collective health, because of the risks that the transfer would entail also in the bubble. We have shown that everything This was Relevant, because if not, Napoli would have had time to reach Turin and we tried it with cards in hand. For me it is a great personal and professional satisfaction. The victory, however, is not for the lawyers but for the club and the president in his linear behavior. The important thing, which gave us the greatest satisfaction, is that we limit ourselves to identifying these two central reasons and providing extremely valid reasons for facing a university. ad that has given us the availability to listen to ourselves. It is not just a sports satisfaction. We have restored dignity to the president, the club, the fans and the city, violently trampled on by decisions that I respect anyway because it is part of the game of things..

“When we challenged the decision we had to challenge it. The rules of the sports fair trial impose the presumption of good faith but the appeal decision had annulled these principles. The reasons were arrived at with an almost reversed logical procedure. These three courts of the Sports Court The appeal consisted of the waiver of the flight and tampons, things that instead were due to the isolation of the home. is prescrypts that in cases of COVID-19 we must communicate with the ASL to know what to do. Yesterday’s decision is an absolutely correct decision. We had a lot of confidence, we knew we had consistent reasons. Clearly, this can lead to discontent. But we don’t have to deal with this, just fair and decisively. The reason that differentiates Napoli’s situation from the others is that Napoli had preventive measures on Saturday and Sunday. Violating them meant violating article 650 of the penal code, with all the consequences. Can Juventus appeal to the TAR? In theory, if you want to appeal, you can. However, this appeal would have two elements of strong weakness: It would be an appeal in violation of the principle of sports prejudice. He says he can only go after he has finished his sports justice degrees. But Juventus has never been constituted in the degrees of sports justice, that’s why there would be failures. The second is that being in sports disciplinary matter, Juventus could not request the annulment of the decision but only compensation for the damage suffered..