Football. Cas Oneglia – Carlin’s Boys. Territorial Court rejects Nerazzurri appeal: “Classifications can no longer be edited, in case of conviction the sanctions for the next championship will be applied” – Svsport.it

It is a sentence that will surely provoke discussion published this afternoon by Federal Territorial Court following the appeal filed by Carlin’s boys.

In short, the Nerazzurri, descended to Second Categoryasked him to review the end – of – season standings after theOneglia had been penalized for deploying an unregistered player (irregularity detected after a yellow card).

The sanctions that were finally adopted in the matches in which the player went out on the field (twelve, but only 3 times with a positive result) would have projected Oneglia towards the direct descent zone and Carlin’s towards more serene coasts. . Not to mention the Borghetto, potentially racing for the playout

He Territorial Court however, it dismissed the appeal on the ground that the Notarial power Federal has yet to open the file (since early April) on the position of the unregistered player.

Even if Oneglia were convicted, the sanction will in fact be imposed in the 2022/2023 season, since, as the ruling that we report in full underlines, the ranking of the championship that has just ended is no longer subject to change.

In short, Carlin’s Boys could be right, but the timing of the Federal Prosecutor’s Office would postpone the possible application of the sentence for Oneglia to the new tournament.

THE JUDGMENT:

Federal Territorial Court

Complaint by ASD Carlin’s Boys against the relegation of the company Carlin’s Boys and the regularity of the final classification of the Championship of Liguria of First Category, Group A, Sports Season 2021/2022 determined as a result of the Official Notice LND n ° 94 of 26/05/2022, published on the same date.

The Federal Court of the Regional Committee of Liguria, Second College, formed by Dr. Eugenio MARCENARO, Avv. Alessio CHIARLA, Lawyer. Barbara COSTANTINO, at the meeting of June 8, 2022 issued the following sentence:

The company ASD Carlin’s Boys appealed before this Court with which it challenged the Official No. 94 of 26/05/2022 in the part in which the final classification of the Championship of First Category Group A is formalized, asking mainly to apply the sanctions. for infractions committed by the club ASD Oneglia Calcio for having deployed a player not on the day of the registration of 11 matches played irregularly by the company, in addition to the one played on 04/03/2022, as already established by the authority for which a decision has already been taken by the GS and precisely that these disciplinary measures are in line with those already adopted by the Sports Judge for the same infraction detected in the Official Communication LND n ° 79 of 07/04/2022, ie the defeat by 0-3 to Oneglia Calcio for each foul committed, (for the irregular position of the player Tinkiano Felix as unregistered). ).

He also requested that, mainly and on the merits, by virtue of these infractions and the consequent disciplinary measures, the Federal Court allow this appeal and, in accordance with the Code of Sports Justice, order:

1) the modification of the final classification of the Championship of the Sports Season of First Category 2021/2022 by means of the concession of the third last place to the aspirant and in consequence

2) the revocation of the descent of the company ASD Carlin’s Boys;

that, in the alternative, the Court would have at least the official registration of the ASD Carlin’s Boys in the First Category Championship, or would grant the same club the second leg or its readmission to this championship in the next Sports Season 2022/2023 with the formula which he will consider the best. As a preliminary point, it should be noted that there is no doubt about the admissibility of the appeal, given the provisions of art. 79 CGS according to which “The Federal Court judges in the first instance on all facts relevant to the sports system in relation to which no proceedings have been initiated or are pending before the national sports judge or territorial sports judges”.

In relation to what is reported in the appeal, it should be noted that the GS in the Official No. 79 of 07/04/2022 of the 2021/2022 Sports Season adopted certain disciplinary measures 98/2 following the expulsion , in the 3/4 / match 22, of the player of the ASD Oneglia Calcio.

The GS, having made the necessary checks regarding the position of the different members, pronounced its decision as reported in the Official NLD No. 79 of 07/04/2022. The GS correctly sent to the Federal Prosecutor’s Office, for the necessary and subsequent investigations, the documents relating to the other matches in which the player would have participated in an irregular position. With reference to this last aspect, it is necessary to wait for the result of the investigations of the Office of the Public Prosecutor with any and possible requests of sanctions related to the same.

The appeal is unfounded for the reasons set out below.

As stated, the object of the appeal lies in challenging the classification of the Group A First Category Championship published with CUn ° 94 of 26/05/2022.

Contrary to the appellant’s assertion, there are no matches whose result is sub iudice, since all the Championship matches played have been duly approved, so the relative results must be considered definitively established. There are also no pending complaints against the regularity and / or the result of any of the matches played in Day A of the First Category Championship.

Consequently, there is no element by which this Court has to proceed to a modification of the classification or of the scores that are recorded and assigned to the individual teams.

In fact, there are pending disciplinary proceedings against ASD Oneglia Calcio for infringement of Articles 4, paragraph 1, and 32, paragraph 2, of the Code of Sports Justice in relation to the provisions of Articles 39, paragraph 1, and 43, sections 1 and 6, of the NOIF, as well as by art. 7, paragraph 1, of the Federal Statute, for not having provided for the regular registration of a player, as well as for having allowed, or in any case not prevented, its use in different matches of the First Category Championship of Group A .

Regardless of any assessment of the merits of this possible future referral – which is not the responsibility of this Board – it should be noted that, for the alleged violation, the conclusion of the investigations by the Federal Prosecutor’s Office and , consequently, the consequent and possible sanctions. it is necessary to wait, that it could be imposed will have to be discounted during the sport season following the one in question.

Therefore, if the Federal Court considers the responsibility of ASD Oneglia Calcio and apply the sanctions in question, these sanctions will be applied to the following sports season, as the classification of Group A of First Category is now not affected by modification.

Therefore, for the reasons mentioned,

REJECT

the appeal proposed by the company ASD Carlin’s Boys and confirms the provisions referred to in CU No. 94 of 05/26/2022. Order the collection of the protest fee for the dismissal of the appeal. Send to the Secretariat of the Regional Committee for ritual communications.

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