CAS dismiss Malaga C.F. appeal
The Court of Arbitration for Sport (CAS) has dismissed the appeal filed by Malagá Club de Futbol SAD (Spain) against the decision taken on 21 December 2012 by the Adjudicatory Chamber of the UEFA Club Financial Control Body (the “UEFA decision”). As a consequence, the Spanish club is excluded from the UEFA Europa League 2013/14 and will have to pay a fine or EUR 300’000.
Pursuant to the initial UEFA decision, Malagá CF violated the UEFA Club Licensing System and Financial Fair Play Regulations following overdue payables toward other clubs and the Spanish tax authorities and, consequently, was fined EUR 300,000 and excluded from participating in the next two UEFA European competitions for which it would otherwise qualify during the next four seasons, the second exclusion becoming effective only if Malagá CF did not regularise its overdue payables towards other clubs by 31 March 2013.
In its appeal to the CAS, the Spanish club requested that the UEFA decision should be annulled or, alternatively, replaced with a new decision including less severe sanctions.
During the CAS proceedings, Malagá CF regularised its overdue payables towards other clubs. Consequently, UEFA admitted that the exclusion from the second UEFA European competition for which it would otherwise qualify during the next four seasons became moot.
The procedure was referred to a Panel composed of Prof. Ulrich Haas (Germany), President of the Panel, Mr José Juan Pintó (Spain) and Prof. Massimo Coccia (Italy). The parties, together with their representatives and witnesses were heard at a hearing held on 4 June 2013 at the CAS headquarters in Lausanne.
The CAS Panel has issued its decision, without the grounds, which will be communicated at a later date.
