New car: LaLiga and RFEF must agree and on Mondays and Fridays they are back on the air

The Commercial Court No. 2 of Madrid calls on Tebas and Rubiales to negotiate the calendar 'in good faith'. The Provincial Court has yet to rule in this case.

New-car:-LaLiga-and-RFEF-must-agree-and-on-Mondays-and-Fridays-they-are-back-on-the-air

The 'Case Hours' continues to be talked about. The latest movement comes from the Madrid Mercantile Court, from which Judge Sánchez Magro's ruling on the conflict had been delayed, which has been going on for more than two seasons in court, which faces LaLiga and the Federation. The struggle is to schedule or not First and Second matches on Monday and Friday. The employers believe that it is within their right to be able to use such days and the RFEF that they are the ones who must authorize them and they are not for the work unless agreed, since they consider that it harms fans and non-professional football. The Court has rejected the employer's lawsuit in which it was requested that the precautionary measures granted by the Provincial Court to schedule matches on those days be maintained. The judge calls on them to negotiate in good faith an agreement to schedule the games. The Provincial Court has yet to judge the case.

This ruling by Judge Sánchez Magro comes days after the Higher Sports Council published a resolution, which may be disallowed after this new event and if the Federation does not agree with LaLiga that it be played on Mondays and Fridays. The Council authorized LaLiga to schedule matches on Fridays and Mondays (20 at the most), since they consider that that day "will be mainly oriented to the rescheduling or recovery of full days or matches eventually postponed or suspended for health reasons related to the COVID-19 or other eventualities. " The clubs, days before, had sent a letter to the Council to enable them. In addition, Irene Lozano set a protected slot for non-professional football, since LaLiga could not schedule until 2:00 p.m. on Saturdays and Sundays matches. All this now remains in the air and in the hands of Luis Rubiales.

Ho's court decision has been signed since last October 14. As AS said, Sánchez Magro had thought about removing it last Wednesday, but decided to postpone it knowing that the Superior Sports Council was going to pronounce itself. LaLiga, which was the 'winner' of the announcement made by the CSD, did not make any statement at the time, and has preferred to wait for this judicial resolution.

In this way, the games on Monday and Friday are on the air again, since there are future days with games scheduled for that day. Not because the Judge says that you cannot play such days, but because it confirms that the power to allow it rests with the Federation, which is the one that is contrary and prohibits it, as it has also done this season with Tuesdays. In this way, they can only be enabled to play in First and Second if LaLiga sit down to negotiate, as invited by judge Sánchez Magro. Either paying to be able to use them, something that in a LaLiga Tebas Assembly and the clubs were opposed, or offering something in return. Although the judicial journey of the 'Horarios Case' does not end here, since the sentence can be appealed in 20 days by LaLiga to the Provincial Court, where they already won once, despite the fact that Judge Sánchez Magro says in his car that it was "an indirect and partial examination."Communiqué of the Commercial Court No. 2 of Madrid

"The titular magistrate of the Commercial Court No. 2 of Madrid has completely rejected the request of the National Professional Football League (LFP) to maintain the precautionary measures adopted by the Provincial Court of Madrid (which would allow First and Second Division football matches to be held outside the official calendar on Saturdays and Sundays) and calls on this organization and the Royal Spanish Football Federation (RFEF) to coordinate 'in good faith' for the celebration of meetings on Fridays and Mondays, as already established in the sentence that put an end to this procedure and which was made public last May.

According to the resolution, the judge does not share, 'after the complete examination of the actions carried out in the sentence and the new study that he has now carried out in relation to the request for maintenance of the precautionary measures by LaLiga ', the decision of the Provincial Court of Madrid, since, in their opinion, it is' an indirect and partial examination' of precautionary measures, which does not enter into the merits of 'a complex legal issue'.

In addition, the judge insists that 'the applicable state sports legislation requires - as it already stated in the ruling - a mandatory coordination between LaLiga and the RFEF, in accordance with constitutional and Supreme Court jurisprudence, a matter that, furthermore, Some of them have been modified by Royal Decree-Law 5/2015, despite LaLiga's continuous efforts to make an interpretation that has no legal-normative support and that has also endorsed with its own acts when signing coordination agreements in the years 2010, 2014 or even after the entry into force of the aforementioned Royal Decree-Law where it has expressly agreed with the RFEF the dispute of matches outside the official day'.

'Coordination, obviously - advances the resolution - as required by legislation and jurisprudence, tries to give coherence to the organization of professional football competitions and, compared to what the Provincial Court maintains in the Order of June 1, 2020, that coherence for the dispute of matches on Fridays and Mondays, outside the concept of official day, requires an agreement between the parties, as has been happening at least since 2010 and until 2019, so that the interest of the “Professional football” with the interest of non-professional football which, according to the RFEF legal representation, is estimated at almost one million sports licenses'.

A satisfactory agreement for all Spanish football

'For this reason, - affirms the magistrate - it is logical and coherent that through the coordination required by the Sports Law, the parties reach the corresponding agreement on the matter at hand. In short, no measure of pressure from the RFEF towards LaLiga was appreciated or appreciated by this court, but rather the opposite, a predisposition to negotiate from good faith to reach a satisfactory agreement for all Spanish football. ''

Later in the resolution the judge recalls that 'as stated in the judgment of May 27, it must be recognized that both parties have amply demonstrated their ability to negotiate and reach agreements. In essence, this need to respect the principle of coordination in the organization of the competition must lead LaLiga and the RFEF to negotiate in good faith, with the aim of reaching agreements and starting from reasonable positions in the broadest sense of the word ' .

'If they have to act in coordination - he continues - that logically implies that they cannot act unilaterally, but rather that the basis of their action must be the agreement on those matters relating to the organization of the competition. If LaLiga cannot forget it, even less so the RFEF due to its own institutional position, which should lead it to facilitate as far as possible the successful end of the competition, which being organized by LaLiga requires its decisive participation. It is, without doubt, a responsibility of the first order. ''

'It is not only that these reflections come to suppose again, as was done in the Order of August 9 and in the Judgment of May 27, an admonition or advice on the part of this judge, but actually It is about verifying a legal requirement: RFEF and LaLiga must negotiate in good faith, 'he concludes.

This resolution is not final and against it it is possible to file an appeal before Section 28 of the Provincial Court of Madrid, the competent court in matters of a commercial legal nature, within a period of twenty days ".



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