Procedural rules governing the UEFA Club Financial Control Body Edition 2014 Covers CFCB 2014.indd 2 1/6/2014 2:26:14 PM CONTENTS PREAMBLE 1 I. In the last weeks, UEFA published its updated 2014 Club Financial Control Body (CFCB) procedural rules. They breached FFP rules -- legislation that limits the losses a club can sustain over a certain period -- in 2014 and were punished, reaching a settlement agreement with UEFA. UEFA takes note of the decision of the independent Adjudicatory Chamber of the Club Financial Control Body (CFCB), issued today, which included the following summary of its content and effect to be announced as required by the Procedural Rules governing the CFCB: 10. With regard to Article 15 (1) of the Procedural Rules, the CFCB Chief Investigator, having 11. In the last weeks, UEFA published its updated 2014 Club Financial Control Body (CFCB) procedural rules. 2. On 13 June 2018, in accordance with Article 14 (1) (b) and Article 15 of the Procedural Rules governing the UEFA Club Financial Control Body (the “Procedural Rules”), the CFCB Chief Investigator and the Club agreed to enter into a Settlement Agreement. The settlement agreement between Galatasaray and the CFCB Chief Investigator was concluded on 13 June 2018 and was notified to the CFCB Chairman on 14 June 2018, pursuant to article 14 (3) of the Procedural Rules (hereinafter the “Settlement Agreement”). the CFCB Investigatory Chamber as being overdue payables as at 30 September 2018; and (b) a fine, to be determined by the CFCB Adjudicatory Chamber at its discretion. The statute of limitations as per Article 37 of the procedural rules governing CFCB is five years. CFCB - What does CFCB stand for? "In the present case, the decision rendered by the CFCB IC to refer a case to the CFCB AC is not final and can therefore not be appealed to CAS directly, because the AC is competent to take any of the decisions listed in Article 27 CFCB Procedural Rules, that are described as being final." Article 16(1) of the UEFA CFCB Procedural Rules only allows for a 10 day review of a decision. 14. "In the present case, the decision rendered by the CFCB IC to refer a case to the CFCB AC is not final and can therefore not be appealed to CAS directly, because the AC is competent to take any of the decisions listed in Article 27 CFCB Procedural Rules, that are described as being final." In order for a club to prove its compliance with the terms of a settlement agreement, it must submit cer- tain information to the CFCB investigatory chamber. In the present case, the decision rendered by the CFCB IC to refer a case to the CFCB AC is not final and can therefore not be appealed to CAS directly, because the AC is competent to take any of the decisions listed in Article 27 CFCB Procedural Rules, that are described as being final. Monitoring of settlement agreements In accordance with the CFCB Procedural rules, the proper and timely implementation of settlement agreements is monitored by the CFCB chief investi- gator. GENERAL PROVISIONS Article 1 – Definition of terms For the purpose of these rules, the following definitions apply: The case will now be reviewed by the CFCB Adjudicatory Chamber, in accordance with Article 16 and Chapter 2 of the Procedural Rules governing the UEFA Club Financial Control Body 2015 (“the Procedural Rules”). The Free Dictionary. According to the CFCB procedural rules, a prosecution must be brought within five years of alleged breaches. 9. Procedural rules governing the CFCB (2019 edition) 2.2 At its meeting in Baku on 29 May 2019, the UEFA Executive Committee approved a few amendments to the Procedural rules governing the UEFA Club Financial Control Body (“CFCB procedural rules”), for entry into force on 1 June 2019. In both cases, UEFA had taken the decision to review the original judgments out with the 10 day period. As such, the decision to re-open the 2 PART I – Introduction 1. On 13 June 2018, in accordance with Articles 14 (1) (b) and 15 of the Procedural Rules governing the UEFA Club Financial Control Body (the “Procedural Rules”), the CFCB Chief Investigator and the Club agreed to enter into a Settlement Agreement. I hereby inform you that, in accordance with Article 19(3) of the Procedural Rules, the judgment stage has now been opened. On 15 May 2019, the Investigatory Chamber issued the Referral Decision (“Referral Decision”). On 22 June 2018, the Chairman of the UEFA CFCB, on the basis of Article 16 (1) of the UEFA CFCB Procedural Rules (the Applicable Rules), ordered … These rules have been amended with a number of significant additions. This was the eve of the 5 year anniversary of the 2014 Settlement Agreement. Like members of the TFF Arbitration Committee, members of the CFCB are appointed by the executive body of the organisation. In the last weeks, UEFA published its updated 2014 Club Financial Control Body (CFCB) procedural rules. In the present Decision, the CFCB Adjudicatory Chamber examines whether CFCB is listed in the World's largest and most authoritative dictionary database of abbreviations and acronyms. These rules have been amended with a number of significant additions. With regard to Article 15 (1) of the Procedural Rules, the CFCB Chief Investigator, having In order to reflect the evolving practices of the CFCB City were referred to the Club Financial Control Body (CFCB) adjudicatory chamber and could potentially face a ban from the Champions League or spending restrictions if they are found guilty. These Rules, like the Regulations have been updated thrice; first in 2014, 2015 and 2019. On 8 November 2017, the Chief Investigator of the UEFA Club Financial Control Body (the “CFCB”) referred the case of Panathinaikos Athletikos Omilos PAE (“Panathinaikos” or the “Club”) to the CFCB Adjudicatory Chamber. That means that, as City argued at CAS, Article 37 of those rules must apply and a 5 … The CAS Panel held that the 10-day time limit runs from the date of communication of the original decision. “In the present case, the decision rendered by the CFCB IC to refer a case to the CFCB AC is not final and can therefore not be appealed to CAS directly, because the AC is competent to take any of the decisions listed in Article 27 CFCB Procedural Rules, that are described as being final.” However, Article 37 of UEFA’s own procedural rules covering the CFCB states that “Prosecution is barred after five years for all breaches of the UEFA Club Licensing and FFP Rules”. These rules have been amended with a number of significant additions. Its authority is set out in the procedural rules governing the UEFA Club Financial Control Body (Edition 2019) (the "Procedural Rules"). Of particular importance are Articles 15 and 16 regarding settlement which were not included in the original regulations. GENERAL PROVISIONS 1 Article 1 – Definition of terms 1 Article 2 – Scope of application 1 Article 3 – Jurisdiction of the CFCB 1 II. Their term of office is defined as four years, which is the same period as members of the Executive Committee (Procedural Rules Governing the UEFA Club Financial Control Body, Edition 2019, article 5). According to the CFCB procedural rules, a prosecution must be brought within five years of alleged breaches. It is unlikely, in my view, this was co-incidental (cf Article 37 of UEFA’s Procedural Rules governing the UEFA CFCB). As an organ for the administration of justice, the CFCB is a competent authority 3 to impose disciplinary measures against parties that fail to meet the requirements set out in the FFP Regulations. Given that UEFA’s allegations against City were between 2012 and 2016, a substantial proportion of those allegations fell outside the statute of limitations. Beyond the FFP regulations itself, UEFA has generated a body of rules (“The Procedural Rules”) to guide the regulatory functions of the CFCB. "On June 22 2018, the Chairman of the UEFA CFCB, on the basis of Article 16 (1) of the UEFA CFCB Procedural Rules (the Applicable Rules), ordered … However, Article 37 of UEFA's own procedural rules covering the CFCB states that "Prosecution is barred after five years for all breaches of the UEFA club licensing and FFP rules". rendered by the CFCB IC to refer a case to the CFCB AC is not final and can therefore not be appealed to CAS directly, because the AC is competent to take any of the decisions listed in Article 27 CFCB Procedural Rules, that are described as being final. article 15 of the Procedural Rules. Of particular importance are Articles 15 and 16 regarding settlement which were not included in the original regulations. A UEFA Statement read: “UEFA takes note of the decision of the independent Adjudicatory Chamber of the Club Financial Control Body (CFCB), issued today, which included the following summary of its content and effect to be announced as required by the Procedural Rules governing the CFCB: 1 Preamble Based on Articles 32(3) and 34ter of the UEFA Sta tutes, the following Procedural rules governing the UEFA Club Financial Control Body (hereinafter: CFCB) have been adopted: I. We also know from CAS and other public documents that UEFA were pursuing the whole investigation pursuant to UEFA’s Procedural Rules governing the UEFA CFCB (and not some other UEFA rule book). "In the present case, the decision rendered by the CFCB IC to refer a case to the CFCB AC is not final and can therefore not be appealed to CAS directly, because the AC is competent to take any of the decisions listed in Article 27 CFCB Procedural Rules, that are described as being final." 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