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FEDERAL COURT, DISMISSES THE APPLICATIONS

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THE COURT OF FEDERAL JUSTICE DISMISSES THE RESOURCES OF LAZIO, MILAN, CUNEO AND MARSALA CONFIRMATIONS OF INHIBITIONS TO PRESIDENTS AND MULTI TO COMPANIES INFLICT FOLLOWING THE DEFERENCE OF THE FEDERAL PROCURATOR FOR DEPOSIT OF THE ECONOMIC AGREEMENTS FOR VIOLATION OF THE ART. 1, COMMA 1 CGS, IN RELATION TO ART. 94 TER, COMMA 2 NOIF AND OF THE ART. 31 OF COM UFF. N. 1 OF THE 3.7.2009 OF THE FEMALE SOCCER DIVISION. COURT OF FEDERAL JUSTICE IVth SECTION Football Femm. - Football to 5 - SGS - Technical Sector OFFICIAL COMMUNICATION N. 16 / CGF (2010 / 2011) TEXTS OF DECISIONS RELATED TO COM. UFF. N. 285 / CGF - 9 MEETING JUNE 2010 College composed by the Lords: Prof. Mario Serio - President; Dr. Claudio Marchitiello, Dr. G. Paolo Cirillo, Dr. Gabriele De Sanctis, Dr. Luigi Antonio Esposito, Dr. Vito Giampietro, Prof. Alberto Massera, Avv. Cesare Persichelli, Prof. Giovanni Serges, Dr. Giuseppe Sica - Components; Dr. Carlo Bravi - Representative of the AIA; Dr. Antonio Metitieri - Secretary. 1) COMPLAINTS SS LAZIO FEMALE FOOTBALL FOR SANCTIONS: - INHIBITION FOR 4 MONTHS TO MR. ELISABETTA CORTANI, FOR VIOLATION OF THE ART. 1, COMMA 1 CGS, IN RELATION TO ART. 94 TER, COMMA 2 NOIF AND OF THE ART. 31 OF COM UFF. N. 1 OF THE 3.7.2009 OF THE FEMALE SOCCER DIVISION; - FINE OF € 5.000,00 TO THE COMPANY, AS A TITLE OF DIRECT LIABILITY, OF ART. 4, COMMA 1 OF THE CGS, OF THE VIOLATIONS WRITTEN TO THEIR INFLICT PRESIDENT FOLLOWED DEFERING OF THE FEDERAL PROCURATOR FOR DEPOSIT OF THE ECONOMIC AGREEMENTS RELATED TO N. 27 CALCIATRICI - NOTE N. 6488 / 1144PF09-10 / GT / DL OF 8.4.2010 - (Deliberation of the National Disciplinary Commission - Com. No. n. 85 / CDN of the 13.5.2010) The SS Lazio Calcio Femminile appeals to this Court against the decision of the National Disciplinary Commission (Com. No. n. 85 of 13.5.2010) that, on referral of the Federal Prosecutor's Office, has inflicted on it company, held directly responsible for the violation referred to in art. 1, paragraph 1 CGS in relation to art. 94 ter, paragraph 2 NOIF, for not having deposited with the Division of belonging the economic agreements relating to 27 athletes of age, the fine penalty of € 5.000,00 and its President, Cortani Elisabetta, the inhibition for the duration of 4 months. The appeal is aimed, in essence, only to obtain a fair reduction of the penalties, a reduction which, according to the appellant, would find valid justification both because in the present case it would not be omitted, but a delayed deposit, and because many of the players registered or would have left the business or would have been employed only in the Spring Championship competitions. The complaint can not be accepted. The obligation to deposit the economic agreements envisaged by art. 94 ter, paragraph 2 NOIF and reiterated at the 31 point of the Com. No. n 1 of the 3.7.2009 of the Women's Football Division is subject to a peremptory term, indicated in the aforementioned document, after which the omissive conduct pursued becomes concrete - in the case of formal fulfillment - in all its entirety. Equally irrelevant to the rate of seriousness of the violation is the other defensive argument for the elementary importance that the connected and chronologically linked fulfillment at the time of the registration of the athletes and the consequent signing of the economic agreement does not suffer any kind of limitation from prospects future and is all-encompassing. The first instance body, therefore, correctly assessed the disciplinary coefficient of the violations taking into due consideration both the plurality of the omissions and the category of membership of the offender, with strict observance of the sanctions regime pursuant to art. 10, comi 2, 3 and 4 CGS. For these reasons, the CGF rejects the appeal as proposed above by the Ss. Lazio Women's Football in Fiumicino (Rome). You have to pay the claim fee. 2) ACP ACTION CUNEO SAN ROCCO FEMMINILE ASD ADVERSE OF THE SANCTIONS: - INHIBITION FOR MONTHS 4 TO MR. GIORGIO CALVETTI, FOR VIOLATION OF THE ART. 1, COMMA 1 AND 10, COMMA 2 CGS, IN RELATION TO ART. 94 TER, COMMA 2 NOIF AND OF THE ART. 31 OF COM UFF. N. 1 OF THE 3.7.2009 OF THE FEMALE SOCCER DIVISION; - FINE OF € 5.000,00 TO THE COMPANY, AS A TITLE OF DIRECT LIABILITY, OF ART. 4, COMMA 1 OF THE CGS, OF THE VIOLATIONS WRITTEN TO THE PRESIDENT, INFLICT FOLLOWED DEFEREMENT OF THE FEDERAL PROCURATOR FOR DEPOSIT OF THE ECONOMIC AGREEMENTS RELATED TO N. 22 CALCIATRICI - (NOTE N. 6488 / 1144PF09-10 / GT / DL OF 8.4.2010 - (Deliberation of the National Disciplinary Commission - Com. No. n. 85 / CDN of 13.5.2010) The company Cuneo San Rocco Femminile ASD, prior to the ritual announcement of appeal proposed by Mrs Eva Callipo in the alleged quality of legal representative pro tempore of the applicant association, has challenged the sanction of the prohibition for four months to the President of the aforementioned Association and that of the fine for € 4.000,00 towards the association, adopted by decision of the National Disciplinary Commission referred to in Com. No. n. 85 / CDN. With the aforementioned announcement, the complainant Association requested a copy of the deeds and "confirms the appointment as the defender of the lawyer. Mario Stegliano at which he elects domicile "; the lawyer thus appointed subsequently proceeded to sign and send the appeal. The discussion of the dispute was set for the session of the 9.6.2010 Court in which both the defendant of the company and the lawyer appeared. Gowns for the Federal Prosecutor's Office. The latter, at the opening of the hearing, objected to the inadmissibility of the proposed encumbrance due to defect, in the hands of Mrs Eva Callipo, of the power to sign the documents in the name and on behalf of the Association, while the lawyer. Stagliano supported the admissibility of the appeal and insisted on the reduction of the penalty. According to the Court, the objection of inadmissibility raised by the Federal Prosecutor's Office is well founded. In fact, the preliminary procedural act (notice of complaint) containing a mandate to the lawyer who then proposed the appeal, appears to be signed by a person lacking the powers to exercise the legal representation of the Entity. Mrs Eva Callipo, in the aforementioned forewarning call, stated that "person authorized to commit the ACP company Cuneo San Rocco ASDF, as per the census sheet attached to this fax", without this allegation being materially performed. Consequently, the Court can only refer to the findings in the case and, therefore, to the census sheets already acquired in the case file in which Ms Callipo is indicated only as a cashier of the Association, without any delegation to the representation of the same and without holding the office of vice president who peacefully replaces the president on every occasion of impediment of the latter. This status of the deeds must be assessed in accordance with the law governing the matter, established by art. 37.1 NOIF, according to which "the membership of managers and collaborators in the sports season takes place at the time of registration the Championship of the company to which it belongs. To this end, companies are required to communicate ... .. the names of managers and collaborators, specifying their qualifications and positions. Each variation must be communicated within twenty days of its occurrence and, to the federal effects, effective from the date of receipt of the communication "The provision in recall, highlighting the need to specify" qualifications "and in particular" tasks ", as well as" the effectiveness "of the communications and the commencement of the same, gives them external relevance, allowing to state that it is a constitutive advertising, not simply a notification, so that the failure to include Mrs. Callipo in the subjects authorized to legally represent the Entity in defect of powers of the president did not authorize her to bring the appeal for which it is proceeding. The declaration of inadmissibility that the Court is obliged to exonerate from the examination on the merits of the encumbrance, however it can not be found that the referral of the Federal Prosecutor's Office has not been forwarded for failing to present the economic agreements with the players as the applicant assumes, although for delayed sending of the same. This delay can certainly be sanctioned because it occurred on 28.1.2010 after the Division's Presidency, with a note 18.1.2010 directed to the Recurring Association and to other subjects, noted that Cuneo San Rocco had not "proceeded to deposit for the current sport season the economic agreements with the major athletes registered for it ": it is therefore clear that the transmission of the contested agreements is not appreciable because it intervened only after the warning of the President of the Division. For these reasons, the CGF declares the appeal as proposed above by the ACP inadmissible Cuneo San Rocco Women's ASD of Morozzo (Cuneo). You have to pay the claim fee. 3) ASD RESOURCES FEMALE FOOTBALL MARSALA ADVERSE OF THE SANCTIONS: - INHIBITION FOR MONTHS 4 TO THE PRESIDENT, MR. PIETRO ACCARDI, FOR VIOLATION OF THE ART. 1, COMMA 1 CGS, IN RELATION TO ART. 94 TER, COMMA 2 NOIF AND OF THE ART. 31 OF COM UFF. N. 1 OF THE 3.7.2009 OF THE FEMALE SOCCER DIVISION; - OF THE DATE OF € 3.000,00 TO THE COMPANY, AS A TITLE OF DIRECT LIABILITY, OF ART. 4, COMMA 1 OF THE CGS, OF THE VIOLATIONS WRITTEN TO THE PRESIDENT, INFLICT FOLLOWED DEFEREMENT OF THE FEDERAL PROCURATOR FOR DEPOSIT OF THE ECONOMIC AGREEMENTS RELATED TO N. 19 CALCIATRICI - NOTE N.6487 / 1143PF09-10 / GT / DL OF 8.4.2010 (National Disciplinary Commission Resolution - Com. No. n. 85 / CDN of the 13.5.2010) The ASD Women's Football Marsala uses this Court against the decision of the National Disciplinary Commission (Com. No. n. 85 13.5.2010) that, on referral of the Federal Prosecutor's Office, has inflicted on it company, held directly responsible for the violation referred to in Article 1, paragraph 1, CGS in relation to art. 94 ter, paragraph 2, NOIF, for not having deposited with the Division of belonging the economic agreements relating to 19 athletes of age, the fine penalty of € 3.000,00 and its President, Accardi Pietro, the inhibition for the duration of months 4. In the supporting motives it assumes to have acted in absolute good faith convinced that the obligation of the deposit did not extend even to those economic agreements, such as those concerning the kicking 19 in question, not providing any compensation or reimbursement; calls, therefore, for the cancellation of sanctions or at least a reduction of the sanctions. For its part, the Federal Prosecutor's Office has preliminarily pleaded the inadmissibility of the burdens that he had underwritten as a person - the vice president of the company - which was not authorized because it had no specific delegation; concluding, on the merits, for the rejection of the encumbrance. The appeal, regularly introduced, can not be accepted. It must be said at once that the exception raised by the requirente has no merit; from the "census sheet" of the Sicilian association in documents it is clear that the undersigner of the complaint holds the corporate position of vice-president, of a vicarious organ, that is naturally designated to represent the company legally. in case of absence or impediment - as occurred in this case - of the President. Having said that, it is hardly necessary to point out that the justification given by the appellant is not, in fact, in the Com. No. n. 1 of the 3.7.2009 of the Women's Football Division was, in clear letters, specified as the obligation of the deposit concerned all the economic agreements and therefore "even those not providing any compensation". On the other hand, the reference standard incorporates a precept of a significantly formal and therefore all-encompassing nature, since it can not be denied that even the agreement without forecasts of remuneration has implicit economic content, because it has a positive impact on the assets of one of the contracting parties. The same conclusions must be reached as regards the grievance concerning the extent of the sanctions imposed, sanctions which, if they are rightly weighted and added together, also considering the continuation link, the 19 violations - one for each omission filed - consumed and if it is considered that the applicant operates in the area of ​​national interest, they are neither overly burdensome nor unfair. For these reasons, the CGF rejects the appeal as proposed above by the ASD Women's Football Marsala di Marsala (Trapani). You have to pay the claim fee. 4) ACTION RESOURCES MILAN AVVERSO THE SANCTIONS: - INHIBITION FOR MONTHS 8 MR. FRANCESCO CRUDO, FOR VIOLATION OF THE ART. 1, COMMA 1 AND 10, COMMA 2 CGS, IN RELATION TO ART. 94 TER, COMMA 2 NOIF AND OF THE ART. 31 OF COM UFF. N. 1 OF THE 3.7.2009 OF THE FEMALE SOCCER DIVISION; - FINE OF €. 10.000,00 TO THE COMPANY, AS A TITLE OF DIRECT LIABILITY, OF ART. 4, COMMA 1 OF THE CGS, OF THE VIOLATIONS WRITTEN TO THE PRESIDENT, INFLICT FOLLOWED DEFEREMENT OF THE FEDERAL PROCURATOR FOR DEPOSIT OF THE ECONOMIC AGREEMENTS RELATED TO N. 57 CALCIATRICI (NOTE N. 6670 / 1165PF09-10 / MS / VDB OF 13.4.2010) (Resolution of the National Disciplinary Commission - Com. No. n. 85 / CDN of 13.5.2010) With recurrently introduced appeal, the ACF Milan has appealed to the Federal Court of Justice for the complete reform of the provisions adopted against it by the National Disciplinary Commission and referred to in Com. No. n. 85 / CDN of the 13.5.2010. With this decision, the said National Disciplinary Commission, accepting the referral of the Federal Prosecutor's Office, applied to Mr. Francesco Crudo President of the Association the sanction of eight months of inhibition and to the association the fine of € 10.000,00 for violation of the provisions regarding the filing of economic agreements made with the players. The session of the 09.06.2010 for the discussion of the encampment was fixed by the Court. Francesco Crudo on his own, the Vice President of the Association, as well as the lawyer. Gowns for the Federal Prosecutor's Office. The latter preliminarily pleaded the inadmissibility of the appeal in the part concerning the Association as signed by an inhibited person. Having held the discussion in which the applicant substantially confirmed the appealed grounds for appeal, the Vice-President of the Association, before the dispute was held in decision, asked and obtained from the Court to sign the appeal for the purposes of the amnesty provided for by art. 33.9 CGS, while the Federal Prosecutor objected to the lateness of the request. In the opinion of the College the exception of inadmissibility does not appear to be founded because the aforementioned provision of art. 33.9 may well be applied to the controversy under examination, having to consider formal irregularity, and therefore can be remedied within the prescribed period, certainly respected in the present case, the signing of the appeal by a qualified subject in place of the inhibited one. What grounds of appeal the applicant, after having defined as frightful the complaint of the Public Prosecutor's Office as advanced without any investigation, deduces that some of the card-holders in the contested list would no longer be with the appellant company and, above all, that the obligation to sending economic agreements would be mandatory only for athletes taking part in national championships, while in the controversial affair most of them participated in other competitions. In the Court's view these grounds of appeal are unfounded. It should be noted, first of all, that the art. 94ter NOIF, even titled "Economic Agreements ... .. for the players of the National Championships of the LND ", in the text of the first paragraph, provides the obligation to sign on the appropriate form the economic agreements for players registered with" companies participating in the National Championships of LND ", then sent to the competent Division . The normative reference to "participation in National Championships", therefore, does not consider the players as claimed by the applicant, although it refers to companies as, among other things, wants not only the letter of the Regulations, but also the logic of the provision: it seems possible to evaluate in advance which of the players registered for a specific company would have certainly been involved in the National Championship and which to another. As for art. 31 of the Com. No. n. 1 of the Division, the same, always unequivocally, states that "the economic agreements must be signed and sent in the Division even if they do not provide any compensation" even specifying: "indicate in the item gross annual amount of € 0,00": from this forecasts can only result in the obligation to deposit for each agreement, even in the absence of any reimbursement. The aforementioned regulatory framework confirms that the appellant company has violated the law in the disputed measure and therefore, considering the sanction imposed in early care to be appropriate, the appeal must be rejected. For these reasons, the CGF rejects the appeal as proposed above by the ACF Milan of Milan. You have to pay the claim fee.
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calciodonne252

Journalist registered with the Court of Florence, n. 6032 of 15 September 2016, with director Giancarlo Padovan owned by Pettinati Editore.

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