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ACTION OF THE SS LAZIO FEMALE SOCCER

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cgfTEXT OF THE DECISION ON THE COM. UFF. N. 044 / CGF - 5 SEPTEMBER 2012 MEETING.
1. ACTION OF THE SS LAZIO FEMALE SOCCER FOR SANCTIONS:
A) INHIBITION FOR MONTHS 7 INFLICTED TO LADY ELISABETTA CORTANI;
B) OF THE PENALTY OF 2 POINTS IN CLASSIFICATION TO BE DISCONTINUED IN 2012 / 2013 SPORTS SEASON TO THE RECLAMANT;


INFLICTS FOLLOWING DEFERS OF THE FEDERAL PROCURATOR FOR INFRINGEMENT:
A) OF THE ART. 1, COMMA 1, AND 8, COMMI 9 AND 10, CGS IN RELATION TO ART.
94 TER, COMMA 11, NOIF;
B) OF ART. 4, COMMA 1, CGS (NOTES NO 8425 / 829PF11-12 / MS / VDB OF 24.5.2012 AND 8417 / 825PF11-12 / MS / VDB OF 24.5.2012) - (Deliberation of National Disciplinary Commission - Com. Office No. 8 / CDN of the 26.7.2012)
By decision made known with the Com. Uff. n. 8 / CDN of 26.7.2012, the CDN, gathered the two referrals ordered by the Federal Prosecutor against Cortani Elisabetta, president of the SS Lazio Calcio Femminile and of that company, believed, the first, guilty of the violation referred to in artt.1, 1 ° paragraph and 8, 9 ° and 10 ° paragraph CGS in relation to art. 94 ter, 11 ° paragraph NOIF, for failing to comply, within the prescribed term of 30 gg., With the provisions of the Commission Economic Agreements of LND (108 4.1.2012 Office of 7) which required it to pay the due amounts due to the kickers Valetto Francesca and Duò Roberta, and the association of this directly responsible, inflicting on the Cortani the inhibition for months 2 and the SS Lazio the penalty of 2012 points to be charged to the ranking of the 2013 / XNUMX Championship.
This ruling, challenged before this Court, was annulled due to a defective vice the right to defense by referral of the deeds to the first judge (Com.Uff.No. 003 / CGF of 9.7.2012).
In the subsequent judgment of reference the CDN examined separately the two referrals, and having been the Cortani avails itself, in both proceedings, of the alternative rite as per art. 23 CGS, accepted by the judicial body with related ordinances, reiterated the existence of two disciplinary violations of the direct responsibility of the company which imposed, with separate decisions, for each of them, 1 penalty point (Com. Uff No. 8 / CDN of the 26.7.2012).
Opposing the same, he claimed, with a single deed, the Lazio society complaining:

a) that at first instance had not been assessed as the slight delay in compliance, however implemented in 8.3.2012 date, found adequate justification in a sort of "force majeure" constituted by being, at the time, the Cortani , totally committed to helping her seriously ill mother, as evidenced by the health documentation produced;
b) that in any case the quantification of the sanction had been determined by referring to a double violation, while, both procedurally, due to the meeting of the two referrals, and substantially, due to the coincidence, also temporal, of the anti-regulatory conduct, treated of a single infringement at most continued; as a result, he requested the cancellation of the penalty or, at least, its deduction from 1, with possible aggravation of the fine.
The complaint is not admissible.
The same, in fact, has two separate and non-cumulative decisions on the matter, noting, in this regard, the initial meeting decision taken by the CDN at the hearing of 27.6.2012 because, evidently, fallen from the subsequent cancellation of the consequent decision, decided, as clarified in narrative, able to appeal.
The infractions referred to the complaints were, in the adjudication proceedings, to deal separately without any further separation declarations being necessary because the trial process began "ex novo" and competed with the CDN to establish the procedures. Moreover, as is known, the meeting of the procedures for connection only satisfies the need for speed and economic process and is totally irrelevant to the possibility of assembling or unifying the single violations object of the combined procedures.
The above is to refute the works, but all in all groundless, defensive arguments that meet an insurmountable obstacle in the non-remedial defect that affects the initial moment of filing the complaint.
For these reasons the CGF declares inadmissible the appeal as proposed by the SS Lazio Calcio Femminile of Rome and charges the claim fee.
2. RECOURSE FOR REVOCATION EX ART. 39 CGS OF THE SS LAZIO FEMALE FOOTBALL ON THE PENALTY OF INFLICT 8 INFLICT INFLICTION FOLLOWING DEFERS OF THE FEDERAL PROCURATOR - NOTE N. 8417 / 825PF11-
12 / MS / VDB OF 24.5.2012 AND NOTE 8425 829 / 11PF12-24.5.2012 / MS / VDB OF 8 (National Disciplinary Commission Resolution - 26.7.2012 XNUMX Comission Office)
By decision made known with the Com. Uff. n. 105 / CDN of the 27.6.2012, the CDN, gathered the two referrals proposed by the Federal Prosecutor against Cortani Elisabetta president of the SS Lazio Calcio Femminile and of that company, believed, the first, guilty of the violation referred to in the paragraphs n. 1,1, 8 ° and 9 ° paragraph CGS in relation to Article 10 ter, 94 ° paragraph NOIF, for having failed to comply, in the prescribed term of 11 gg., With the provisions of the Commission Economic Agreements of the LND (Com. Uff 30 108) that required her to pay the amounts due to the players Valetto Francesca and Duò Roberta, and the association directly responsible, inflicting on the Cortani inhibition for months 4.1.2012 and the SS Lazio penalization of 7 points from attribute to the 2 / 2012 Championship ranking.
This ruling, challenged before this Court, was annulled due to a defective vice the right to defense by referral of the deeds to the first judge (Com.Uff.No. 003 / CGF of 9.7.2012).
In the subsequent judgment of reference the CDN examined separately the two referrals, and having been the Cortani avails itself, in both proceedings, of the alternative rite as per art. 23 C, GS, accepted by the judicial body with related ordinances, considered the 4 month sanction agreed for each of the two contested violations congruous, concluding in accordance, with separate decisions, the two procedures (Com. U.N. 8 / CDN of the 26.7.2012).
Against them, because in his opinion infectious to error of fact, has resorted to this Court, for the revocation, with a single act, the SS Lazio Football Women in the interests of its president
Cortani Elisabetta, assuming that the two proceedings, having been celebrated in '' joint proceedings '', should have led to an overall assessment of the objections, bearing in mind that, in any case, the due to the two players, albeit with a delay that was amply justified, had been settled, and that the deadline imposed by art. 94 ter NOIF, although essential, could not be considered decadent.
He has requested the annulment of the eight-month inhibition imposed on the Cortani, an inhibition to be rescheduled, in rescission, to 4 months or, if necessary, to a more fair trial. The appeal is not admissible as it is intended to challenge and, if successful, to cancel and reform two distinct and non-cumulative decisions.
No contrary element, indeed, can be drawn from the previous provision of the meeting taken by the CDN at the hearing of the 27.6.2012, fallen from being the final decision annulled in second instance by this Court, nor, according to what is claimed, from being states, the two referrals, treated jointly.
In fact, this term has no signification or procedural value and is used only to define an aspect of mere chronological contemporaneity that has nothing to do with a formal provision of assembly; moreover not even requested by today's applicant against an agenda, known to you, providing for two distinct proceedings, in any case the latter too is notoriously adopted to meet the needs of economy and speed of procedure and does not affect the merits of the events merged .
In a different profile and only for the sake of completeness can also be added that considerable perplexity also raises the qualification of the alleged error ascribed to the first judge, an error which, if existing, would not affect the fact constituting the disciplinary offense, but rather the logic judging to reach his conviction.
The above arguments contrast the defensive theses that, in any case, find a preliminary insurmountable obstacle in the vulnus that affects the initial moment of incardination of the revocation.
For these reasons, the CGF declares inadmissible the appeal for revocation pursuant to art. 39 CGS, as proposed above by the SS Lazio Calcio Femminile di Roma and charges the claim fee.
THE PRESIDENT
Mario Serio
The 13 September 2012 published in Rome
THE SECRETARY THE PRESIDENT
Antonio Di Sebastiano Giancarlo Abete

Walter Pettinati
Author: Walter PettinatiWebsite: www.pettinati.comEmail: This email address is being protected from spambots. You need JavaScript enabled to view it.
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