Home » Juve, the Council of State rejects the FIGC appeal on paper which can cancel the capital gains process

Juve, the Council of State rejects the FIGC appeal on paper which can cancel the capital gains process

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Juve, the Council of State rejects the FIGC appeal on paper which can cancel the capital gains process


Was rejected by State Council the request for suspension presented by the Figc with which he requested the annulment of the two pronouncements of Tar of Lazio on the “secret card”. The federation will then have to deliver the note dated April 14, 2021 between Covisoc and Federal Prosecutor’s Office, a passage that the leaders of Italian football have already arranged immediately after the pronouncement. After the decision of the president of the Fifth Section of the Council of State, Paolo Giovanni Nicolò Lotti, the FIGC immediately took action with Covisoc for the delivery of the document today. The administrative judge therefore set the collegial hearing for 23 March, however not granting the suspension: “Considering that the conditions for the monocratic measure do not exist” reads the motivation “the existence of a periculum based on an ordinary collegiate precautionary request , but not of a request reserved only for hypotheses of ‘extreme gravity and urgency’ and therefore connected to a damage that can be defined as ‘catastrophic for the deducting party.

The appeal of the FIGC

The request for suspension of the Tar’s decision, filed yesterday, had been made for “sports prejudicial”, with the need to preserve the independence of sport with respect to ordinary justice. The lawyers of the former Juventus general manager Paratici and of the current ds Cherubsby addressing the Tar, they would in fact have violated the arbitration clause and the procedure established by law 280: which provides for the possibility of addressing the ordinary justice only after having exhausted all the levels of judgment of the sporting one.

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Juventus wins at the Tar, here is the card that can cancel the capital gains process

by Dominic Marchese

Note 10940 at the center of the dispute

The appeal of the FIGC to the Council of State was against the decision of the Tar to make it accessible to the lawyers of the Juventus note 10940. The one in which Covisoc asked the Federal Prosecutor for some interpretations relating to the capital gains case, receiving the response from the Federal Prosecutor, who provided interpretative indications to the supervisory body on the “assessment of the effects of the transfer of players on the financial statements of some society”. Document that the federal prosecutor Chinese he had not made available to the defense, rejecting the request for access: “It is not part of the documentation acquired in the context of the disciplinary procedure”.

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According to the defence, on the other hand, it could represent the element capable of annulling the sentence of the Federal Prosecutor, given that it would indicate April 21, 2021 as the date of “establishment of the proceeding”. Then also the start of the procedural process, which provides for 60 days for the investigation: the documents acquired after July 14, 2021, those that led to the reopening of the trial, would therefore be unusable, according to the club’s defense.

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