The Commercial Court number 1 of Seville has not admitted the precautionary measures requested by José María del Nido Benavente to be able to exercise his right to vote at the Sevilla FC shareholders meeting this Friday. Furthermore, the resolution provides that the club’s current Board of Directors may preside over the assembly by convening it during its mandate, with the appointment of an external president not being necessary.
The order of the Commercial Court number 1 of Seville states that «The request for precautionary measures carried out by the court attorney Mrs. Del Nido Mateo, in the name and representation of DON JOSÉ MARÍA DEL NIDO BENAVENTE, is denied. With express condemnation of costs to the party promoting this incident. Notify the parties of this resolution, against which there is an appeal (article 736.1 of the LEC) that will be filed before the Fifth Section of the Provincial Court of Seville, within a period of 20 days from the notification and accompanying a copy of this resolution (article 458.1 LEC). The processing of this appeal will be preferential.
Furthermore, the judge details that the positions of the Sevilla council have not expired for the meeting of this Friday, January 10, as it was called with the positions still active: «On the other hand, regarding the appearance of good law, it is indicates in the request for precautionary measures that the directors of Sevilla FC have had their mandate expired since January 1 of this year, which is why they cannot preside over the General Meeting of Shareholders of Sevilla Fútbol Club called for next January 10. We cannot share this statement, since the Meeting was convened by agreement of the Board of Directors on November 26, 2024, a date on which, by the way, the mandate of the members of the Board of Directors had not expired. », states the order in its fourth point of legal foundations.
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