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Sports Justice

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The Federal Court of Justice, in RECOGNITION of the complaint, having regard to art. 37, paragraph 4, last part, CGS, declares the nullity of the provision of first instance and puts the documents before the first judge.
The Federal Prosecutor had referred the Lazio president for a formal and not substantial defect excluding the right of defense. In fact, the lawyer of Cortani had submitted the request for postponement of the hearing, motivated by an emergency hospitalization in intensive care, but was not taken into consideration and led to the president of Lazio, 12 months of inhibition reduced to 7 months and two penalties in the standings to be served in the following championship. The Court of GF annulled this provision and sent the proceedings back to the prosecutor because they are re-evaluated in the presence of the deferred party. Beyond the facts, which are not our responsibility and will explain the Capitoline society, it is really depressing that these epilogues are repeated too often and the presidents, to get justice, are forced to file a complaint against the Federal Court of Justice and in some cases also to the TAR or CONI. Too much superficiality in issuing deferments or deeming claims to be inadmissible, hoping for the presidents' passivity. Why the GS does not immediately evaluate every detail? why not even punish the federal prosecutor in case of an error? who must protect companies?

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(562) - DEFERING OF THE FEDERAL PROCURATOR CHARGED TO: ELISABETTA CORTANI (President of the Company SS Lazio Calcio Femminile), Society SS LAZIO FEMALE SOCCER • (note No. 8417 / 825 pf11-12 MS / vdb of the 24.5.2012).
(563) - DEFERING OF THE FEDERAL PROCURATOR CHARGED TO: ELISABETTA CORTANI (President of the Company SS Lazio Calcio Femminile), Society SS LAZIO FEMALE SOCCER • (note No. 8425 / 829 pf11-12 MS / vdb of the 24.5.2012).
The Federal Prosecutor's Office of the FIGC, with letters n. 8417 / 825 and n.8425 / 829, dated 24 May 2012, has referred to this Commission Mrs Elisabetta Cortani, in her capacity as President of the SS Lazio Calcio Femminile, to answer for the violation of articles. 1, comma 1, and 8, comma 9 and 10, of CGS, in relation to art. 94 ter, paragraph 11, of NOIF for not having complied with the decisions of the Commission Economic Agreements (CAE), referred to in the Official Announcement (CU) n.108 of 4 January 2012, issued at the outcome of the dispute between the aforementioned Company and two own kickers, respectively Roberta Duò (letter n.8417) and Francesca Valetto (letter n.8425).
As direct responsibility, pursuant to art. 4, paragraph 1, of the CGS, for the disciplinary offenses ascribed to its Chairman, the Company has also been deferred.
As a preliminary matter, this Commission provides that, at the request of the representative of the Public Prosecutor's office, the two proceedings in the epigraph are brought together for subjective and objective connection, as they concern the same company and the same case.
On the merits, it is pointed out that the CAE, in the 16 December 2011 meeting, examined the appeals submitted by the two players, Roberta Duò and Francesca Valetto, which, based on the economic agreements signed with the Company which provided for the 2011 sports season / 2012 the gross payment of 2000,00 and 5000,00 euros respectively, have complained about the non-payment of part of the due. La Duò has indeed specified that it has received installments for 300,00 euro, requesting the recognition of the remaining sum of 1.700,00 euro, Valetto for its part, against a perceived sum of 500,00 euro, asks for the remaining sum of 4.500,00 euro.
The CAE, having noted the broad and decisive confirmation of the claim made by the applicants, has condemned the Lazio Calcio Femminile Company to pay the amounts required to balance the amount agreed upon in the contract.
The decisions, reported in the aforementioned CU, were notified of the following January 9 and, having not been challenged before the Commission for economic disputes within 7 days, they became final and immediately enforceable within 30 days from the communication.
The default of the Company is therefore due to tabulas since the same did not execute what was ordered by the EWC in accordance with the regulations in force and the disciplinary infringement relating to the non-extinction of the obligation placed on the Company is attributable to the Chairman , by virtue of the relationship of organic identification with the same.
On 22 June 2012, the law firm Di Marziantonio, as the attorney of both the Chairman and the Company, sent a defensive brief, with which, justifying the delay in payments, however, called "mild", due to urgent family commitments of the the same President and the difficult economic moment that involves the national amateur sport, has requested the acquittal of both or in the alternative, through the plea bargaining, the application of the minimum penalty of a pecuniary sanction.
At the same time, the same study sent a request to postpone the hearing for an alleged impediment of the lawyer due to health reasons.
This Commission does not accept the referral request and confirms the handling of the trial at the 27 meeting on June 2012, as scheduled. At the hearing, the representative of the Federal Prosecutor's Office asked to apply the following sanctions:
- Elisabetta Cortani, at the time of the facts President of the Company. The sanction of the 12 month inhibition (twelve);
- SS Lazio Calcio Femminile the penalty for penalizing 4 points (four) in the standings, to be discounted in the 2012 / 2013 season, in addition to the € 3.000,00 fine (€ 3,000 / 00); no one appeared for the deferred parts.
This Commission notes that the circumstances are supported by the documentation in documents, the charge made by the Public Prosecutor against the Company and its President for the failure to pay in the terms established by law, is incontrovertibly proven, the defensive assumption, reported in memory, focused on the lightness of the delay, urgent commitments of the President and difficult economic moment of amateur sport, does not exempt the deferred from their responsibilities, as irrelevant, generic and not sufficiently motivated.
With regard to sanctions, the National Disciplinary Board, in the light of the two different non-compliances set by connection, considers that the provisions of the device are appropriate.

The national disciplinary commission imposes the following penalties:
• for Ms Elisabetta Cortani, the inhibition of 7 months (seven);
• for the Società SS Lazio Calcio Femminile, the penalty for 2 points (two) in the ranking,
to be discounted in the 2012 / 2013 sports season.

Rating: 3 / 5

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ctveWith complaint, sent through Racc.Arin date 10 / 01 / 2012 Ms. Caterina CAPOLUNGHI, was addressed to this Commission exposing to have concluded with the company SSLAZIO CALCIO FEMMINILE, an economic agreement prevailing the gross payment of € .2.000,00 relative to the 2010 / 11 Sports Season.

Rating: 5 / 5

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ctveThe Economic Agreements Committee, in the meeting held in Rome on December 16 2011, having ascertained the obligations required by current legislation and examined the deeds, has taken the following decisions:

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The National Disciplinary Commission, established by lawyer Arturo Perugini, Chairman of the Board; by Adv. Franco Matera, from Avv. Fabio Micali, Components; from dr. Paolo Fabricatore, AIA Representative; with assistance to the secretariat of Mr. Nicola Terra, gathered on 8 2011 September and took the following decisions:

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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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