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FFP Legal Challenge

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The BBC report a legal challenge, I just wondered how this happens.

Surely everyone agrees to the competitions rules. If you don''t agree don''t enter the competition. Would this not be the competitions legal defence? Clubs aren''t obliged to play in Europe if they qualify - so should they not play to the rules, and stop trying to manipulate them.

Anyone of our more knowledgable legal boffins got a view, they could share?

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[quote user="FCC"]The BBC report a legal challenge, I just wondered how this happens.

Surely everyone agrees to the competitions rules. If you don''t agree don''t enter the competition. Would this not be the competitions legal defence? Clubs aren''t obliged to play in Europe if they qualify - so should they not play to the rules, and stop trying to manipulate them.

Anyone of our more knowledgable legal boffins got a view, they could share?[/quote]If this is QPR one of the club''s arguments is believed to concern £60m that the directors spent buying shares. In doing so the QPR accounts effectively wiped £60m off the loss of £68m for the season in question, so seemingly reducing it to a level within League FFP rules. The club, not surprisingly, is apparently arguing that this is legal. The League, equally unsurprisingly, that it is a blatant dodge.There has also been talk that QPR will argue that because the League''s FFP rules were altered (possibly when QPR were in the Premier League and so not party to the decision) they should not apply.

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Members (clubs or football bodies) agree to a set of Internal rules.

Such rules - as laid down by football Governing bodies - are not necessarily rooted in National Law. Such internal rules are therefore open to legal challenge in a given jurisdiction.

Part of the (written or unwritten) rules of the football group / club / association is that recourse to law is sacrilegious, though it is now increasingly prevalent.

From a football point of view it can be viewed as breaking rank. Alternatively if football itself is poorly governed / corrupt / restrictive in practice, then recourse to external law for the oppressed is to be expected.

Parma

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If it is QPR and they are testing the rules, all the League have to do is test it themselves - send QPR down to League 1 or whatever the punishment is  - and let them fight that in the courts.   Seeking a £60m advantage over other clubs by bending/testing the statutory rules that are in place is the opposite of "Fair Play" - so punish them as the rules dictate.    If the law is on QPR''s side they will be reinstated, if not they will languish in L1, or L2 or wherever the furthest they can be sent is.

The only way FFP rules will work is if when someone flounts them they are punished.  The league needs to be strong and implement it''s rules to the letter.  If they are weak, clubs like QPR will walk all over them.

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Many thanks for the insight and opinions.

The above views and information remain relevant, but the article was on a football agent, and supporters of Manchester City and PSG taking on UEFA and their FFP.

Thanks again though.

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