Sion appeal

I dont see what chance they have, the appeal process is lip service that many organisations have. It's UEFAs competition, its there rules, you want in, you play by those rules. End of story.

 

Exactly

Should Usain Bolt bring IAAF to some kind of Korean Civil Court cos he - as huge favorite in the 100m final - was disqualified after a false start? Argueing that it´s against Human Rights that he wasn´t given a 2nd chance???

 

They are out - and I can't wait for the games. At least we'll get 6 European nights...and who knows????........

 

The appeal process is just for formality. Would be a VERY rare case for anything to get a decision without appeal, but that * Constantin can challenge it all he wants - they aint getting back in.

UEFA - "Sion - you're out because you played ineligible players"
Constantin - "We appeal against that decision as it's crap."
UEFA - "Ok, after looking at it again the appeal is upheld. We were wrong to uphold our own rules of no ineligible players being allowed to play and you can get back into the group"

Load of *! UEFA won't boot Sion out to allow Celtic in and THEN boot Celtic out to allow Sion back IN. *' rubbish and like I said the appeal option is just a formality.

If certain people appealed against the decision of letting this Constantin guy run Sion then this mess wouldn't have happened in the first place!

 

Mikey grow up and show a bit of class, any Sion fans I have talked to seem sound. It isnt there fault there team cheated so quit trolling them.

 

This. Not the fans fault at all when this kind of thing happens.

 

if there appeal fails they should ban them next year too, pending qualification.

 

Seems like folk are taking this as a fait accompli.

I've got no doubt UEFA will reject any appeal to them - but Constantin is an obsessive & an egomaniac, and will take this as far as possible.

Personally I have no idea what the CAS will say about all this, but I'm fairly sure we're going to find out.

 

Although I'm pretty much a n00bie here, your reply is uncalled for. The fact this guy has signed up and given his perspective should be welcomed, also, he is no cheat either.

It's fair enough to be happy at us getting back in, but don't flame the guy.

 

http://www.dailyrecord.co.uk/footba...letico-madrid-on-september-15-86908-23395257/



Sion chief Christian Constantin: We will play Atletico Madrid on September 15

Sep 4 2011 Gordon Waddell, Sunday Mail
christian constantin Image 1

SEETHING Sion owner Christian Constantin has vowed to take his side to Madrid for the opening game of the Europa League groups - and insists they WILL play Atletico.
Celtic boss Neil Lennon saw his side take the Swiss club's place in Group I on Friday after UEFA kicked Sion out for breaching a transfer embargo.
However, Constantin has branded their decision worthy of a Banana Republic.
And he is adamant Sion will take on UEFA's bigwigs and beat them through the courts.
Constantin fumed: "The dice were loaded. It is a travesty of justice - worthy of a Banana Republic. But it only makes me want to fight harder. It is fighting against Goliath but in the end we’ll see where David is.
“The verdict doesn’t surprise me at all. When less than an hour is enough to make such a decision, this means that judges are there to formalize a sanction decided in advance.
“In addition, all necessary steps for an appeal to UEFA lead us beyond September 15, the date of the first group game. So we will be there in Madrid and we will play. I will take that bet.”
The fired-up Swiss supremo also claimed there was evidence of a carve-up, insisting the news of Celtic’s reinstatement was announced on the club’s official website nearly an hour and a half before UEFA delivered their formal verdict.
He sighed: “It surprises you that it was all planned? I could see this verdict coming like I was reading a road map.”
Constantin takes heart from Porto’s successful appeal in 2008 after they were initially booted out of the Champions League due to a bribery investigation.
He said: “We will appeal for sure - the same way Porto did when they won reinstatement.
“But we will be going on the offensive on other fronts too.”

 

I take it these 6pm kick offs will be changed? Else a lot of people (myself included) will not be able to make it.

 

Sports justice should not be an exceptional justice

The conflict between FC Sion and the football authorities illustrates a debate as old as the sport

The inimitable Christian Constantin, president of FC Sion, has chosen to wage war against all-out legal sports bodies. In his remarks happy flowery and exaggerated, he does not hesitate to proclaim flag bearer in the fight against the omnipotence of sports associations. What attract the sympathy of part of the public who get lost a little in the legal intricacies of a case not simple.

In summary, the legal showdown between FC Sion and sporting bodies - particularly the International Federation of Football Association (FIFA) - lasted until 2008 the Swiss club has poached a goalkeeper who was still in Egypt contract with his previous club. Following this transfer issue, the club has received a sanction of prohibition to recruit new players for two transfer periods. The dispute is now on the implementation of this measure: FC Sion considered to have served his sentence, while the sports associations believe that the FC Sion could not recruit new players for the season that has just begun.

Rejected by the internal bodies, Constantine then cleverly made sure that the players concerned and not the club grab a civil court. The penalty imposed by FC Sion in effect prevents athletes to exercise their professional activity, at least to participate in competitions that are essential for a football career, which may constitute a violation of personal rights . On this basis and on an interim basis - that is to say by way of measures préprovisionnelles - the civil court ordered the sports associations to allow its players to compete.

Since then, the conduct of all competitions - Swiss and European - which involved the FC Sion is questionable. Sporting bodies are indeed caught between a rock and a hard place: on one hand, their regulation provides that the players involved are not qualified, on the other, they are obliged to execute the order given by a court state or risk criminal penalties if they are provided by the decision.

This is particularly to avoid the risk of conflict between civil court judgments and rules of competitions that all statute of sports associations, almost without exception, prohibit their members to court for civil litigation. Because of the many places where a competition takes place and potential conflicts that can lead, can enter the ordinary courts would necessarily chaotic competition, if not impossible to organize.

The statutes of FIFA and provide 'associations [national] must insert in their constitutions a provision that their clubs and their members can not refer a dispute to ordinary courts, but must submit any disputes to judicial bodies of the association, the Confederation and FIFA "(Article 61). To resolve disputes, sports associations have set up their own systems including internal review boards and ultimately the Court of Arbitration for Sport in Lausanne.

Here we must clear up two misunderstandings. First, if a special court or private arbitration is not an exception but justice is expressly provided for and regulated by the Code of Civil Procedure. Provided that certain rules are followed, arbitration awards are recognized as equivalent to judgments by the ordinary courts and can not be questioned in front of them. Thus, the awards made by the Court of Arbitration for Sport may be some ways to appeal to the Federal Court.

Then it is not always possible to oust the jurisdiction of ordinary courts. This is certainly the case when the application of public law - criminal or administrative law - is at stake. But even in civil law, arbitration may be designed to "any claim which is the free disposal of the parties" (art. 354). For example it is common for business partners to submit their disputes to arbitration, in which case, the judge will usually decline jurisdiction. But where the dispute involves such a violation of human personality - which can not be freely available - the civil court will come into this area.

It helps us understand the issues of this case: one is in an area where FIFA and UEFA have somehow not afford their ambitions. The judge will usually come in and if it is properly before making a decision that could potentially conflict with sports rules, undermining competition. FIFA and UEFA are therefore questionable how pressure on the Swiss associations so that they do enforce the prohibition of the ordinary courts system. But it is doubtful that the associations may legitimately punish a member who makes use of a constitutional right - that of the courts - even though the statutes forbid it!

Of course there are precedents. We remember well the famous stop "Bosman" named after a Belgian footballer who challenged the ban on transfer to a French club in reliance on the rules on free movement of persons. The Court of Justice in Luxembourg had given him reason, that changed the rules of European football. But Bosman paid dearly for having seized the ordinary courts: thereafter, the sports authorities forbade him to participate in all official competitions for entering the civil justice system.

Professional sports - especially football - appears here as a victim of its own development. Sporting competitions are like other economic activities. The actors therefore seek to preserve their rights by any means until the ordinary courts if possible. And in that sport is not as a game but as a business, it is legitimate that it is subject to mandatory rules of law, in particular the work under the supervision of state courts.

Eventually, however, repeated actions in the ordinary courts could end up making meaningless sporting events and public interest, the example of what happened for the last America's Cup Alinghi where Oracle and its challenger clashed more frequently in court than on the water. The balance is not easy to find.

In this case, it is still possible that the conflict be resolved is whether Christian Constantin put water in his Fendant, or if the court rejects the merits civil action brought by injured players. Otherwise, there is a risk that the results of matches in which the FC Sion are challenged.


http://www.domainepublic.ch

 

L'éditorial de Emmanuel Favre

L'autogoal de l'UEFA

En radiant le FC Sion de la Ligue Europa 2011-2012, l'UEFA s'est-elle infligé un autogoal qui fera date dans l'histoire du football? Le directoire de la Fédération du Vieux-Continent aurait tort de bomber le torse et de savourer une revanche contre un président irrévérencieux qui a eu l'outrecuidance de ne pas appliquer ses injonctions.

Par sa décision d'appliquer stricto sensu son propre règlement, l'UEFA a donné le coup d'envoi d'un match qu'elle entamera dans l'habit du challenger et non pas dans celui du favori. Cette fois, l'organe européen n'est pas tombé sur un adversaire prêt à se confondre en excuses et à accepter sa sentence: Christian Constantin et les joueurs lésés par ce verdict saisiront la compétence de la justice civile pour défendre ce qu'ils estiment être leurs droits. Des droits qui ont déjà été reconnus par le Tribunal administratif de Martigny.

Le passé récent l'a démontré: l'intervention de la justice civile dans les affaires sportives est susceptible de provoquer des chamboulements aux conséquences drastiques. Ainsi l'arrêt Bosman a débouché sur une nouvelle stratégie en matière de transferts. Ainsi l'arrêt Kolpak a permis aux sportifs de ne plus subir de discrimination de nationalité. Dans quelques années, l'arrêt Constantin autorisera peut-être les clubs à recruter autant de joueurs que souhaité douze mois par année.

Après un long combat, Christian Constantin remportera probablement son bras de fer devant la justice civile. Son club obtiendra sûrement un dédommagement pour les préjudices subis. Mais cette vision du sport, celle dont les victoires s'obtiennent devant des juges, n'est pas celle que les milliers de supporters du FC Sion ont envie de savourer. Eux, ils voulaient juste voir du foot.


http://www.lematin.ch/sports/football/l … tre?page=3


Translation below

 

I've mentioned before that the only people I feel sorry for in this whole mess are the Sion fans because this idiot is making their club look like a total shambles to the rest of Europe.

Rather than have a guy that takes the punishment, which was rightfully dealt out for this case, unfortunately Sion have an idiot that is trying to take on the whole of the governing body for European football. He is even trying to take on FIFA as well. And all for something which he done illegally as well for Christ sake! It would be a different matter if he WAS innocent in all of this but to defend it knowing that what you have done WAS wrong is beyond * moronic.

I very much doubt that he will win his appeal either because it will make it even more farcical because teams need to know who they are playing, fans will need to make arrangements for travel, organising needs done for the matches etc. Plus not to mention the fact that UEFA would be going against their own rules and punishment by reinstating a team that fielded ineligible players.

If he had any shred of common sense he would just drop the whole thing and get on with it, learn from it and not do it again. But I suppose that would be like asking the huns to drop their bigoted views and not to sing sectarian songs.

This is being completely disrespectful towards their fans also, especially to Silvan & Guru, I think his name was, who actually came on here to give us their insight into it all. They didn't show US any disrespect throughout the whole matter at all and I think it's only right we show it back by not coming out with * like this. Leave saying crap like this to the orcs as we are MUCH better than that.

Showing enthusiasm about us being reinstated is one thing but to do this is another, especially when one or two of them actually said that if we got reinstated to the group stages they would support us.

Plus it's not the fans who cheated either. That would be like blaming the Hearts fans for the * that Mad Vlad comes out with.

 

Love the use of that word "madcap"

 

I'm looking to book flights to Rennes too, I'm going to leave it a week or so to see what the appeals say. With about 11 days to go we should find out fairly soon what the answer is.

 

mental or what me never,HAHA SION FANS,NAEH LUCK U CHEATS!!! AND UR OUT,ALSO I BET THERE FANS KNEW SION R CHEATS SO BYE :bbpd::bbpd:

SION OUT CELTIC IN

 

Disqualification Football FC Sion of the Europa League: Back on the events and interview with Christian Constantic6n, president of FC Sion


http://www.tsr.ch/video/sport/sport...hristian-constantin-president-du-fc-sion.html

 

Yeah very nice,bye cheats

i'm allowed my opinion too arent i?? and big deal if he wants to share stuff on here about his cheating club ffs there fans knew 110% about this and there daft chairman and stupid manager so once again so bye bye cheats!!

SION OUT CELTIC IN!!