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- The Becali club requests the annulment of the FRF decision by which the public law clubs of League II can promote if they transfer their activity to a private law club at least one season before
- The first term will be April 5, and FCSB, in this case, has LPF with him
Gigi Becali and FCSB do not give up the idea of blocking in any way the arrival of the Army Sports Club to League 1. And they use all the means at their disposal to try to stop the promotion of this team, which deprived them of the brand in 2014 .
Next month, in the Bucharest Court, the trial on the merits of a lawsuit will begin, after which, if FCSB wins, CSA Steaua will no longer have the right to enter League 1 at the end of next season, even if now promotes II in the League.
What does the FCSB vs CSA Steaua case provide?
A decision of the Executive Committee of July 2019 that allows the promotion of public law clubs of the Second League if they transfer their activity to a private law club at least one season in advance.
The situation affects all the clubs that were directly owned by the local or departmental authorities. Among them is CSA Steaua, which if promoted to the second league this season, then, according to the FRF decision of July 2019, should cede the activity of a private law company, before the start of the Second League of the next season, he would then be allowed to move up to League 1 with the newly established club.
What is written in the FCSB complaint filed with the court
FCSB, precisely to block the march of the club with which it is in open war, challenged the decision of the Executive Committee. Although not directly affected by this change in law in the FRF Statute, the FCSB first submitted a memorandum to the Lausanne Arbitration Court stating that the ruling seriously violates all FIFA rules and principles, UEFA and even the FRF and the LPF. The FCSB request noted:
- “By the decision adopted, the FRF offered the possibility to a public law club that went through all the stages of promotion from League IV (in some counties of Romania and from League V) to League II to offer this right to Another club, privately, to carry out exclusively the last stage, respectively the promotion in League I. The first competitive level would reach the private-law club that made the promotion from League II to League I, not the one that made the ascent of the lowest level ”
- “The violation of the promotion principles of FIFA and UEFA is evident because it offers the possibility for a club, the one that takes over the activity, to enter the competition directly in the Second League, in order to take over of the activity and place of the public law club. The contradiction between the decision of the Executive Committee of the FRF and the Statutes of FIFA and UEFA can only be sanctioned with nullity. ”
- The decision of the Executive Committee of July 2019 also contravenes the FRF Statute, which in article 70 clearly stipulates that the right of a club to participate in national championships depends on its sporting merit and prohibits any change in the legal form of the club. o legal structure (for example: change of headquarters, name or colors of the club, or transfer between clubs and / or other legal entities of participation), to facilitate access to a competitive level higher than that which sports law has to operate the club in question and / or in order to facilitate the receipt of the license to the detriment of the integrity of the competition “
FRF won at TAS, but the Bucharest Court did not decline its jurisdiction
FCSB filed a complaint against FRF, which decided to change the law, but also against the Professional Football League, as the organizer of League 1.
After studying the dossier, LPF embraced the FCSB idea from then on and also spoke out against the decision made by the CEx in the summer of 2019. Despite the fact that TAS won the FRF case, FCSB did not stop. He approached and went to the Romanian courts, respecting the procedure, which says that only after having passed through all the sports fields, including the CAS, he has the right to go to civil courts. He filed a lawsuit in Bucharest, and the two main arguments FRF defended itself with were:
- The General Court cannot have jurisdiction over a matter already adjudicated by a recognized authority, in this case CAS;
- The FCSB does not have procedural capacity in the respective case, but the Bucharest Court rejected both heads of defense of the Federation and announced the opening of the trial. And the first deadline will be April 5. And it will mean a new judgment on the merits! “Normally, this process cannot have more than two or three terms. If there will be a final decision, after it probably reaches the Court of Appeal, then normally, if FCSB wins, the decision of the Executive Committee would become null” is the opinion of one of the lawyers representing FCSB in the process. In which case, CSA could practically not be promoted to League 1 at the end of the 2021-2022 season.
According to current regulations, CSA would have to transfer all its activity to the name of another company, which is under private law, in the summer, until League II begins, if it rises from League 3. on which to carry out the All activity at the second league level.
MApN wants his team in League 1
In an interview with DigiSport, CSA Steaua commander Mădălin Hâncu was very firm when he announced that the football department will remain in the Ministry of National Defense. “Definitely, yes! The soccer team must stay in the Ministry of National Defense, it has been here for 73 years and I want it to stay here,” he said, after which he added what he intends to do so that, in this case, the CSA can. active in League 1: “We are considering proposals to modify the Sports Law, but all this can be done in agreement with the Ministry of National Defense. Steaua Club is the club of the Ministry of National Defense, and any change occurs with the management approval “.
GSP called an attorney who has been involved in many sports cases to answer a question:
– Could the FRF decide to allow public law clubs to play in League 1, without having to transfer their activity to a private law club?
– No. Such a thing is excluded!
– Why?
– Because FIFA and UEFA do not allow under any circumstances political interference in professional football, and this is exactly what a club under public law means, politics in football! Precisely for this reason, FRF decided to adopt the 2019 decision to allow the transfer from the State to the private sector.
FC Argeș benefited from the change of FRF
The Executive Committee’s decision in the summer of 2019, which is contested by FCSB with a “beating” against CSA Steaua, was beneficial to a second league club at the time. The regulation change helped FC Argeș, which was active in the league second as a City Council team and had no right to promotion in the 2018-2019 season.
Then, following the CEx’s decision, it ceded the activity of a private law club, the ACS Campionii Fotbal Club Argeş, and as it was located in one of the first two places in the previous championship, it requested the right to access League 1, that FRF granted it, and the Trivale group is now active in the first stage.
CS Universitatea Craiova, directly enrolled in League 2 by Nașu ‘and Mitică
A decision that scandalized Romanian football and that seriously violated all statutes and regulations in force was the one in the summer of 2013. Then, the FRF Executive Committee decided, after disaffiliating Adrian Mititelu’s club, to offer a direct place to the city of Craiova . in the second league.
With Mircea Sandu and Dumitru Dragomir as initiators, the proposal was voted and thus CSU Craiova, the club sponsored by Mihai Rotaru, appeared in League 2. CSU promoted in the first year in the first stage.
In the first 2 years that he spent in League 1, Craiova did not even have the right to participate in the European Cups, the reason is: “It does not have the quality of an affiliated member for 3 consecutive competitive years”, establishing the club only in the Summer 2013. The Oltenians’ first appearance on the continent was in 2017-2018, when they played AC Milan in the Europa League qualifiers, losing both rounds, 0-1 and 0-2.
What processes have been or are between FCSB and CSA?
- Gigi, stripped of the brand in 2014 The first great battle that Becali lost against the Ministry of National Defense was the dispute over the brand. The Superior Court of Cassation and Justice issued a final decision in December 2014, when Gigi was forced to stop using the Steaua name.
- 1-0 for CSA in the record record In the summer of last year, the Bucharest Court offered a victory to the Steaua Sports Club over the claim of the 1947-2003 record. Gigi Becali took over the club she now leads in January 2003, and the CSA has asked the court to deprive the FCSB of all trophies and performances it has taken on since 2003. The Court of Appeal is the second court to judge, and your verdict will be final!
- CSA also wants to recover the damage of 37 million Perhaps the most important process that Becali has with CSA is the one referred to the damage requested by the MApN club. The amount is huge, more than 37 million euros, and is requested by CSA to cover the damages caused by the illegal use of the Steaua brand by the Becali club during the period 2003-2014.
Due to litigation, MApN blocks FCSB’s access in Ghencea
Although FCSB showed interest in playing at the new Steaua stadium, the CSA management sent several messages that they will not comply with the requests of the group sponsored by Gigi Becali.
The CSA commander, Colonel Mădălin Hâncu, said that one of the arguments he will use to prevent FCSB from using a public good will be “the provision of the law that says that a company with which it is in one or more disputes does not ”. you can claim the rental or use of that property while the lawsuits are pending ”. The Steaua stadium cost almost 100 million euros and is currently the most spectacular construction of a sports stadium built in Romania.
Steaua – FCSB II will be played on Saturday
The III League Championship will resume next weekend. And in the first stage of 2021, in the IV League will take place the duel of the first two classified, CSA Steaua – FCSB II. The match is scheduled for Saturday, starting at 2:00 p.m., in one of the fields of the Steaua Sports Complex in Ghencea. In the match in the round, CSA won 2-1, and in the current standings, Steaua leads, two points ahead of Becali’s club.
It is almost certain that we will have the final of the dam of League 1
The matchmaking algorithm for promotion from League 3 to League 2, decided by FRF ahead of the season, will almost certainly produce an incendiary final between CSA Steaua and FCSB II. The two will finish in the first two positions of their series and will play the semifinals, with 1st and 2nd place in Series 3. On the current configuration of the classification, we would have in the penultimate act: FCSB II – Afumați and Mostiștea Ulmu – CSA Steaua . If they win, FCSB and CSA will duel in a direct match, double round, for promotion, matches that are scheduled for May 22 and 29.
“Star at night”! SENSATIONAL images with the new stadium of Ghencea, with the lights on
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