Leonardo case: the sanction of the French Football Federation suspended by the Administrative Tribunal

scpa BERTRAND
15.10.13 12:37 Comment (s)
Christophe Bertrand lawyer for Leonardo

By interim order of October 15, 2013, the Administrative Court of Paris suspended the execution of the decision of the French Football Federation which had, on July 3, 2013, suspended Leonardo, former Sports Director of Paris Saint-Germain, from any official function until June 30, 2014.

Leonardo: "I am relieved because I find my freedom to work ..."

Leonardo contested the disciplinary sanction imposed on him and wished to be able to freely work and exercise his profession. He had seized, through his two lawyers, Masters Paul Mauriac and Christophe Bertrand, the Administrative Tribunal of Paris.


On October 15, 2013, the General Court granted Leonardo's requests and considered that the conditions of urgency and serious doubt about the legality of the contested decision had been met.

"I am relieved because I am regaining my freedom to work and I have the feeling that I have been heard."
Official statement by Mr. Leonardo DE ARAUJO following the decision of the Administrative Tribunal of Paris of October 15, 2013
the Administrative Court of Paris suspends the suspension of Leonardo

On the condition of the urgency to suspend the disciplinary sanction pronounced by the FFF

The judge recalls beforehand that "the condition of urgency to which the pronouncement of a suspension measure is subject must be regarded as fulfilled when the contested administrative decision prejudices in a sufficiently serious and immediate manner a public interest, the situation of the applicant or the interests he intends to defend". It is therefore up to the interim judge to assess concretely whether the effects of the decision are such as to characterize this urgency.

In the present case, it was held that the decision of the Higher Appeal Commission of the FFF deprived the applicant of "play, to be present on the sidelines, in the referees' locker room and in the enclosure of the playing area and to perform all official functions, that is to say any direct participation in the conduct of a meeting in any capacity whatsoever or any representation function with or within sports bodies, until June 30, 2014; that in addition, the FFF High Appeal Committee also decided on July 3 to request the extension of this sanction to other national associations which are members of FIFA; (...) ".


The Administrative Court thus considers that "the effects of the sanction imposed on Mr. de Araujo on his professional career (..) "are such as to characterize an emergency situation justifying that the execution of the decision be suspended.

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Serious doubt about the legality of the FFF's decision to suspend Leonardo

For the Court, Leonardo " who was not the holder of a manager's license issued by the FFF, nor holder of the license in any other capacity during his entire term of office, (...) was not the holder of a manager's license issued by the FFF, nor holder of the license in any other capacity when the disciplinary bodies of the FFF ruled on his situation".


Consequently, the Tribunal infers that " the plea alleging that the higher appeal commission of the FFF did not have the power to take disciplinary action against it on 3 July 2013, is likely to give rise to serious doubt as to the legality of the contested decision".


The disciplinary sanction is therefore suspended and Mr. Leonardo can now work again.              


Finally, the FFF will have to pay the sum of 1.500 euros for the costs incurred by Leonardo for his defense.

scpa BERTRAND