Fifty-two pages and 60 additional documents to solidify your claim. The Higher Sports Council (CSD) has in its power and is already studying the appeal that FC Barcelona presented this Tuesday, the first business day since on Saturday, January 4, the Monitoring Commission of the LaLiga-RFEF coordination agreement agreed “no grant the prior visa or the definitive license” to the players Dani Olmo and Pau Víctor.
This resource is the only option for both Olmo and Víctor to be able to wear shorts in the Spanish Super Cup, either in today’s semifinal or in Sunday’s final, in case Barça accesses it.
Urgent procedure
It is considered that the potential damage is imminent and would be irreversible for both players.
That is the main reason why Barça has requested the very precautionary measure before the CSD, an entity dependent on the Ministry of Education, Vocational Training and Sports, as the supervisory body for the issuance of licenses by the sports federations. This measure, also called precautionary inaudita parte, seeks to obtain a quick response since the CSD had planned to question both LaLiga and the Spanish Football Federation to make their allegations regarding Barça’s request.
“It is not the most common because to have a more complete vision you can always open a short process of allegations for the rest of those involved but it is the plaintiff, Barcelona, who must argue why they want it that way, that there are urgent reasons” explains lawyer Cristian Zarroca, expert in sports law.
After the precautionary
The CSD has three months to resolve the substance of the issue, so Olmo and Pau Víctor could start playing and be left out again.
The Blaugrana club has processed the request urgently before the CSD considering that the potential damage is imminent and would be irreversible for the two players, who could be left without participating in the resolution of the first title of the season in Spain, the Super Cup. .
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Dani Olmo and Pau Víctor, unregistered from the LaLiga competition since New Year’s Eve, could no longer play on Saturday in Barbastro, but then, although it was a single-match tie, it was only the round of 32 of the Copa del Rey. “It can be understood that it is an irreparable damage for the footballers since they are matches that they will no longer be able to recover,” Zarroca highlights to this newspaper.
If the CSD rejects the appeal, the precautionary measure falls.”
The approval of the very precautionary measure is a step but the resolution is by no means definitive. “It is not an advanced decision on the merits nor does it imply that you are right in the appeal. The substance of the matter would remain,” warns the specialist lawyer. “The law says that since it is an appeal, the CSD has a maximum of three months to rule – it may be sooner – and if it is rejected, the precautionary measure falls,” warns the lawyer. Translated: Olmo could start playing and be left out again. Bread for today and hunger for tomorrow.
The CSD is the fifth door that Barcelona calls to obtain the registration of Olmo and Víctor after commercial court number 10, first instance court 47 of Barcelona, LaLiga and the Spanish Federation. But the club still has more options. “The CSD is faster, it is not judicial but a sports channel as it is the sports branch of the Government and it is the most agile. That’s why I think they have the option of returning to ordinary justice,” Zarroca predicts about the scenario that the club may follow in the event that the very precautionary measure is denied.
“Barça saves the judicial route, for which it has a new element as it is in the 1:1 rule.”
In this next step, the Blaugrana’s argument would have a new element compared to when their previous claims were dismissed in court. “The key is to prove that the documentation to have the 1:1 rule and comply with financial fair play was presented on December 31 within the deadline and that the transfer (of the 28 million VIP seats) did not arrive during banking hours. “, analyzes Zarroca, who still sees a path and solutions to the case, although he is clear that “Barça is not in control of the situation because of him.”
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