By David Gold in Geneva
September 6 – FC Sion have confirmed that they have appealed to UEFA against their expulsion from the Europa League, with both players and the club itself set to launch legal proceedings against football’s European governing body at Swiss civil court level.
Sion were kicked out of the Europa League for fielding five ineligible players – Pascal Feindouno (pictured), Gabri, Mario Mutsch, José Gonçalves and Billy Ketkeophomphone – during their final qualifying round tie with Scottish side Celtic.
UEFA and FIFA say the players are ineligible as the latter banned the club from signing any new players for two transfer windows following the signing of Egyptian goalkeeper Essam El-Hadary in 2008, and that the quintet were brought to Switzerland whilst the ban was still in place.
Sion, however, insist that the ban had already been served for the El-Hadary saga.
The Swiss side won the tie 3-1 on aggregate, after which Celtic lodged an appeal, and UEFA last week sided with the Glasgow club and put them into Group I of the Europa League at Sion’s expense, where they will face Atlético Madrid, Udinese and Rennes.
However, the club believe that UEFA must comply with Swiss civil law as the organisation is based in the country, and because the country’s courts ruled that the players were eligible to play.
“Players and the club are now bringing legal actions against UEFA at Swiss civil court,” a club spokesperson told insideworldfootball.
“[The] civil court already gave the players the right to play; that was not respected by the UEFA.
“This is a serious violation of Swiss laws and may result penal proceedings.
“For us, it’s pure revenge against our President.”
Sion also insists that Celtic were told that their players were able to play in the tie before the first leg at Celtic Park, which finished 0-0.
“Celtic received before its home game an official document from the European federation, it mentioned that players were officially eligible,” the representative added.
A document seen by insideworldfootball shows that UEFA general secretary Gianni Infantino sent a letter prior to the match to Celtic and the Scottish Football Association, which stated, “The Swiss Football Association…has confirmed to us that the players are qualified under their regulations.
“Therefore, UEFA has to consider that these players are eligible to participate in the UEFA Europa League 2011-12.”
The letter also states that UEFA would take retrospective action against the players and Sion if they were later found to be ineligible, whilst also stating that Celtic could lodge an appeal against their eligibility.
Sion believe that UEFA’s confirmation of the players’ eligibility gave them authority to field them, and will argue this case.
Celtic refuse to comment on the issue whilst the case is ongoing.
Sion are still planning to travel to Madrid on September 15 to take on Atlético in the first game of their Europa League group.
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