By Andrew Warshaw in Nyon
January 26 – UEFA’s director of legal affairs, Alasdair Bell, insists financial fair play rules will be maintained and that, crucially, they have the backing of the European authorities against any attempts by clubs to overturn sanctions.
Bell admits UEFA’s plans are a legal risk but is convinced any challenge against being punished for breaking the rules by accumulating unacceptable losses will fall on deaf ears.
On Wednesday, European football’s governing body released alarming figures showing clubs across top divisions lost a total of €1.6 billion (£1.34 billionn/$2.11 billion) in 2009-10.
Only four of the top 30 leagues in Europe broke even in the financial year 2010 and UEFA outlined a raft of proportionate sanctions if clubs don’t fall into line over the next few years.
Bell is emphatic that the break even rules will not breach European laws on restraint of trade and that sanctions will still be upheld if clubs opt to go to civil courts, a recent trend within the game.
“The system is not going to have much credibility if a big club that is in serious breach of the rules is not punished in an effective way,” Bell told reporters in Nyon.
UEFA’s potential penalties include fines, deducting points, preventing clubs fielding certain players in European competitions and ultimately being thrown out.
Wages and transfer fees are mainly responsible for the continuing spiral of losses and Bell believes the European authorities, with whom UEFA have been in constant dialogue, have some sympathy with the principles requiring clubs to live within their means.
“This is a system in which UEFA has invested a huge amount of political capital and resources, and there is a big expectation of effective enforcement,” he said.
“The sanctions need to be effective enough that people come into compliance with the system otherwise clubs are going to become disillusioned rapidly.”
Bell said he was confident the Court of Arbitration for Sport (CAS), which could well be kept busy by a spate of sanctioned clubs appealing for justice, would support UEFA’s stance.
“I’m happy for the whole system if necessary to go either to CAS or even the European Court of Justice because financial fair play is reasonable and lawful,” he said.
“We have to be confident.
“Are the objectives legitimate?
“Yes.
“Are the sanctions going to be balanced and measured?
“Yes.
“We don’t believe we will run into a legal brick wall.”
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