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...)
Litigation before the Administrative Court
- 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).
The consequences of the administrative demotion of the Girondins de Bordeaux club
« When a club is relegated sportingly or administratively to National Championship 1, it loses the professional [...]».
« 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 ».
Consult all the LFP regulations on the Professional Football League website
The possible consequences of the decision rendered by the Commercial Court of Bordeaux
- 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.
On the same theme, see the following articles:
[29.04.2021]