By Matt Scott
June 24 – UEFA last night issued a defiant statement shrugging off a preliminary decision from a Belgian court that ruled against further restrictions in its Financial Fair Play regulations.
Following a challenge led by the famous ‘Bosman’ lawyer, Jean-Louis Dupont (pictured), and brought by the player agent Daniel Striani, the Brussels court referred legal consideration of FFP to the European Court of Justice on Tuesday.
Dupont’s claim is that UEFA’s FFP framework is anticompetitive and that it offends European law governing monopolies. The initial decision of the court yesterday is being viewed as a victory for FFP’s detractors.
While referring the case to the ECJ for its consideration of the specific points of European law, the Brussels court ordered UEFA not to reduce the “break-even” limits to its FFP rules from €45 million to €30 million, which had been scheduled in time for next season.
UEFA immediately announced its intention to appeal the ruling and effectively declared it will not change course. “UEFA will appeal this decision of the Brussels Court to the Court of Appeal,” it said in a statement.
“Since an appeal automatically suspends the ruling of the lower court, it means that UEFA can proceed with the next phase of implementation of FFP, as already planned and as supported by the vast majority of stakeholders in European football as well as the European Commission, European Parliament and Council of Europe.
“UEFA remains fully confident that FFP is entirely in line with EU law, and that the European Court will in due course simply confirm this to be the case.”
As recently signalled by its president, Michel Platini, UEFA will in any case consider amendments to the FFP rules at its executive committee meeting in Prague next week.
“UEFA is, in addition, considering further adjustments to the FFP rules in light of the substantially improved position in European football club finance which has been brought about directly as a result of the implementation of FFP.”
Dupont and Striani had initially taken the case to the European Commission alongside the Brussels court, although the EC declined to take it up, leaving the lower court to consider it.
It is not the first time Dupont has ruffled the feathers of the football authorities. It was his action on behalf of the then little-known Belgian player Jean-Marc Bosman 20 years ago that led to the landmark ruling allowing footballers freedom of movement upon the expiry of their playing contracts.
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