Chiuariu & Associates wins for Football Club Vaslui, in the dispute with Dinamo Bucharest, before the Commission on Settlement of Disputes

11.11.2011
Bucharest, 11 November 2011

Chiuariu & Associates Law Firm has represented football club FC Vaslui in the proceedings initiated following the complaint filed by football club Dinamo. FC Dinamo thus contested the result of the 1st Football League , won on the peach by FC Vaslui and demanded losing the game on forfeit and points-decreasing penalties for FC Vaslui.

In a decision issued on Thursday, 10.11.2011, the Commission on Settlement of Disputes (from the Professional Football League) ruled in favour of FC Vaslui and dismissed the complaint filed by FC Dinamo as ”inadmissible”.

On 28.10.2011, FC Dinamo Bucharest filed a complaint against FC Vaslui, demanding that the club is sanctioned with decreasing the points made after the 6th round of the 1st League, as well as a decrease consisting in 15 points. FC Dinamo Bucharest referred to a decision dated 13.10.2011, issued by the Dispute Resolution Chamber of FIFA., in the litigation between Serbian player Marko Ljubinkovici and FC Vaslui.

FC Dinamo accused FC Vaslui that, by using player Marius Constantin, the club breached the DRC decision of FIFA that interdicted the Moldavian Club (starting on the date the decision was communicated) from legitimating new players in two consecutive periods of transfer.

Tudor Chiuariu, Senior Partner at Chiuariu & Associates Law Firm: "Our defense was based on two factors: on one hand, the good faith of FC Vaslui, who has complied with all the regulations’ procedures, and at no time intended to create an unfair advantage, and on the other hand, the fact that the complaint filed by Dinamo does not fall under the regulations, nor does it respect the terms it should be filed in”.

According to article 26 (3) a) of ROAF FRF, whenever the right to play of one or more players from the opposite team is contested, a complaint must be made before the starting of the game.

In defending FC Vaslui club, Chiuariu & Associates has established in front of the Commission on Settlement of Disputes that:

1.    FC Dinamo’s complaint erroneously referred to some articles of the FIFA Disciplinary Regulations, which apply exclusively to competitions and matches organised by FIFA.
2.    The decision issued last year by the DRC of FIFA was a contractual penalty (following a contractual dispute) and not a disciplinary sanction, so it cannot have repercussions on the competitive activity of club FC Vaslui.
3.    FC Vaslui can’t be disciplinary sanctioned following a contractual dispute.
4.    If it were a disciplinary matter, the capacity, the competence of ruling would belong to the FIFA Disciplinary Committee, and not to the Dispute Resolution Chamber.

By rejecting the complaint filed by Dinamo, the Commission on Settlement of Disputes (part of PFL) admitted, consequently, that the football game from the sixth round of League I, between Vaslui and Dinamo, dated 11.09.2011 and concluded with the result 3-1 for the hosts, was held in compliance with all regulations in force, and its result remains valid.   

About Chiuariu & Associates

In the last year, Chiuariu & Associates Law Firm has come evolved as a successful partner of football clubs, coaches or professional players in various Sports Law litigations. CAAL provides assistance during the following phases: negotiation and execution of contracts between athletes and clubs, transmission of image rights, as well as advice on tax issues. Furthermore, the CAAL lawyers ensure the representation of various parties involved in litigations before the national commissions on settlement and before international bodies, such as the Court for Arbitration for Sport in Lausanne.

Chiuariu & Associates (CAAL) offers a full range of legal services for the establishment, development, protection and legal security business, providing expertise in Litigation, Commercial Law, Employment Law, Intellectual Property Law, Criminal Law and Sports Law.
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