Administrative relegation of the Girondins de Bordeaux to National 1 by the DNCG

Bertrand Cabinet
22.07.22 16:47 Comment (s)
DNCG - demotion - sports law firm in paris France

On Wednesday July 6, 2022, the DNCG Appeals Committee confirmed the decision taken by the Professional Clubs Control Commission of June 14, 2022. This decision pronounced the administrative demotion of the Girondins de Bordeaux to National 1 on the grounds of difficulties. financial. This administrative penalty is therefore combined with sports relegation (in Ligue 2) of the club at the end of the 2021-2022 season.
Faced with this unfavorable situation, what are the remedies that the Girondins de Bordeaux can use to contest this decision?

The decision having been rendered by the Appeal Commission of the DNCG of the French Football Federation (FFF), the internal federal appeals are in the state exhausted.

So how can you challenge this decision? administrative demotion? What jurisdiction can the Girondins de Bordeaux club seize? What is the role of the French National Olympic and Sports Committee (CNOSF), whose recourse to conciliation is a mandatory prerequisite for any legal action?

Compulsory prior conciliation before the CNOSF Conciliators Conference

A mandatory prerequisite for any legal action, the Club must refer the matter to the Conference of Conciliators of the French National Olympic and Sports Committee (CNOSF).

Indeed,Decisions taken by the DNCG are considered as decisions taken by the French Football Federation (FFF) in the exercise of its prerogatives of public power or in application of its statutes, within the meaning of article R.141-5 of the Sports Code. They are therefore subject, pursuant to this article, to prior conciliation before the CNOSF.  (Council of State, 2e and 7e united chambers, 22 June 2017, n°398082), mandatory prior to any legal action.  

The request for conciliation must be made within fifteen days of notification or publication of the contested decision. (R.141-15 Sports Code).  Regular referral to the CNOSF interrupts the time limit for litigation (R.141-8 Sports Code).

The measures proposed by the conciliators will be "deemed accepted by the parties and must be applied as soon as they are notified", unless opposed by one or other of the parties within a period of fifteen days à from the notification of the conciliation proposal formulated by the CNOSF (R.141-23 Sports Code). In the event of opposition to the proposal, the parties then have alitigation appeal period one month to enter the Administrative Court (R.141-9-1 Sports Code).

The Club des Girondins de Bordeaux seized the Conference of Conciliators of the CNOSF.


First convened on July 19, 2002, the hearing was postponed to Thursday July 21. 


A conciliation proposal will therefore be made in the coming days. 


(to be continued...) 


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Litigation before the Administrative Court

After having exhausted the internal means of recourse and respected the compulsory preliminary of conciliation, the club can seize the administrative jurisdiction. 

He can type the Tadministrative court (in this case from Paris)dan appeal on the merits (in cancellation), but also (subject to the filing of a motion on the merits) in summary proceedings in an attempt to get the suspension of the effects of the contested decision of the DNCG (until the examination of the appeal on the merits). 

The application for interim relief requires, however, that it can be demonstrated on the one hand, theurgency to suspend the effects of the contested decision, and on the other hand, means capable of creating serious doubt as to the legality of the said decision ( L.521-1 of the Code of Administrative Justice).

Le time limit for litigation applicable in this case will be one month from :
  • either the rejection of the request for conciliation by the Chairman of the Conference of Conciliators pursuant to Article R. 141-16 of the Sports Code,
  • either notification by one or other of the parties of their opposition to the measures proposed by the conciliator (R. 141-9 Sports Code).

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The consequences of the administrative demotion of the Girondins de Bordeaux club

If the various remedies set out are unsuccessful, the Girondins de Bordeaux club could be subject to safeguard or receivership proceedings. In this case, in application of article 234 of the General Regulations of the FFF, this would entail "at once"his demotion"at least"of a division, in this case in National 1 (the club having already been relegated sportingly to Ligue 2). The club would then also lose its status as a professional club. 

By way of comparison, during the 2016-2017 season, the Sporting Club de Bastia first team finished last in the Ligue 1 championship and was relegated to Ligue 2 for sporting reasons. demotion decision in the National 1 championship by a decision of June 22, 2017 of the DNCG's Professional Club Control Commission, confirmed on July 12, 2017 by the latter's Appeals Commission. On August 4, 2017, Sporting Club de Bastia then lost its professional club status.

This loss of professional club status is provided for by Article 102 of the Administrative Regulations of the LFP who predict :

« When a club is relegated sportingly or administratively to National Championship 1, it loses the professional [...]».

In principle therefore, clubs playing in National (FFF amateur championship) are no longer professional and no longer fall within the jurisdiction of the Professional Football League. Nevertheless, by exception, certain clubs are authorized by it to retain their professional status (for one season, renewable once, cf. art. 102 of the Administrative Regulations of the LFP above). Thus, for the 2021-2022 season, five clubs playing in National 1 benefit from this status like the US Orléans or even the Red Star, authorized by the LFP due to the circumstances linked to the pandemic.

When this permission is granted, Article 16 of the FFF General Regulations authorizes the LFP to give or withdraw to affiliated sports associations within its field of competence, the authorization to use professional players.

A club that has been sportingly relegated to National may therefore be authorized by the LFP to continue to use professional players. 

However, this rule only applies to sports relegation and therefore excludes administrative demotions

Indeed, Article 234-2° of the FFF General Regulations relating to the demotion of a club subject to safeguard or recovery proceedings provides:

« when [the] demotion has the effect of relegating a club with professional status to the National 1, National 2 or National 3 Championship, it automatically entails the withdrawal of the authorization to use professional players ».

If the Girondins de Bordeaux are demoted to National 1, they will therefore not be able to benefit from the authorization of the LFP to use professional players for their team.

Finally, if the situation of the club becomes manifestly insusceptible to recovery, the club may finally be placed in compulsory liquidation.

Article 234 of the General Regulations of the FFF then provides that in addition to the measures provided for in the event of safeguard or recovery, the pronouncement of a judgment of judicial liquidation leads automatically to the forfeiture of the sporting rights of the club. 
LFP - Professional Football League and decision to demote the DNCG

Consult all the LFP regulations on the Professional Football League website

The possible consequences of the decision rendered by the Commercial Court of Bordeaux

The Commercial Court of Bordeaux has approved this Tuesday, July 19, 2022, the conciliation agreement concluded between the club and its creditors King Street and Fortress. 

The agreement provides for three key measures:
  • A €10 million capital increase by Jogo Bonito Groupe, a holding company owned by Gérard Lopez, owner and chairman of the club;
  • A sequestration of 14 M€ of guarantee if this amount is not reached in capital gain this summer;
  • A debt reduction of €34,5 million granted by King Street and Fortress. 

This plan must nevertheless still convince the conciliator of the CNOSF.

Finally, if the CNOSF's proposal is to keep the Girondins club in Ligue 2, this proposal must then be submitted to the FFF's Executive Committee, which can accept or oppose it.
Appeal Committee of the DNCG of the French Football Federation - FFF

On the same theme, see the following articles:

[29.04.2021]

[22.08.20]

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