Juventus, because it is still trembling after the capital gains ruling and the 15 penalty points returned – Corriere.it

Juventus, because it is still trembling after the capital gains ruling and the 15 penalty points returned - Corriere.it

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Of Ariadne Ravelli

After the sentence of the Guarantee College which partially accepted the club’s appeal, the rankings were rewritten, but the sentences remain and also the accusation of disloyalty. Back to the Court of Appeal: the sanctions must still be afflictive

ROME


The top managers of Juventus in the near past (former president Andrea Agnelli, former general director Fabio Paratici, former general manager Maurizio Arrivabene) plus current director Federico Cherubini are definitively sentenced by the sports justice system (respectively to 24 , 30, 16 and 24 months of inhibition).

The assessment of the behavior of other executives, from Pavel Nedved down the corporate organization chart (Paolo Garimberti, Assia Grazioli-Venier, Caitlin Mary Hughes, Daniela Marilungo, Francesco Roncaglio) is referred to the Federal Court of Appeals (naturally made up of new members) which will evaluate their real contribution in the violations (in order to determine the causal contribution of the individual directors) and then he will have to explain it (providing an adequate evaluation).

In the meantime, however, the Serie A standings are being rewritten again and the 15 penalty points are returned to Juventus, a circumstance that makes it jump to third place and in the Champions area. this is the first effect of yesterday’s decision by the guarantee college. Only in the meantime for: the club’s appeal accepted to re-evaluate how much weight the behavior of these minor managers had in the determination of the 15 penalty points, drawing from it – the operative part also reads – the possible consequences also with regard to the sanction imposed on the company Juventus. Where the word not to be lost any: there are no imposed or automatic discounts.

possible that the new Federal Court (assuming it decides to acquit these executives) will follow the equation, fewer accountable executives, fewer penalties and then proceed to reduce penalty points, as it is almost obvious that the federal prosecutor Chin will underline the weight of the executives with signatory powers convicted or that he claims that the fraudulent system and intentionality (recurring words in the reasons for the sentence of the first Court of Appeal) and not the summation have been punished the behavior of individual managers. But they will be matters of the next hearing.

What the guarantee college fixed yesterday in the device communicated to closed exchanges (waiting to read the reasons arriving within 30 days) is a confirmation of the approach of the Court of Appeal. The shipwreck of the sentence (which the Juventus defense had defined as a ship adrift) that was foreshadowed on Wednesday after the conclusions of the attorney general who spoke of a lack of motivation of the -15, did not happen.

And it appears very difficult, at this point, trivially because in the device there is no written, that the charge of article 4, that of disloyalty, can be removed from the club, given that it is confirmed to its managers, to reclassify it in article 31, administrative violations, punishable only with a fine. And if disloyalty remains, the architrave of penalty remains.

The extensive interpretation of article 4 (not contested in the referral) had been one of the arguments of the Juventus lawyers, but was not accepted by the Guarantee Board, together with the others, by the failure to respect the rights of the defense with the Covisoc note, to the inadmissibility of revoking previous acquittals, the main theme of the club’s administrative lawyers. The papers of the Prisma di Torino investigation actually present new facts and it was right to revoke the two previous acquittals.

So now what will happen? Given that there are no tables that automatically fix the penalties in points, every sanction of sporting justice must be afflictive, it must affect. For this it varies according to the classification of the moment in which it is imposed: at the end of the championship, for example, even one point can be enough to lose the Champions League. And the question here is intertwined with the conundrum of the times: it takes a maximum of 30 days for the reasons and only after that can the Court of Appeal fix its hearing. Considering that then there could be another appeal for legitimacy issues, it is not sure that it will be concluded by the end of the championship. With the sanction that could weigh on others.

April 21, 2023 (change April 21, 2023 | 09:05)

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