The rules regarding MCO are pretty comprehensive. And Textor was skating around this very issue in his Talk Sport interview: “It’s not about percentages.” “Steve does not have a golden ticket.” In other words, it was a long established gentleman’s agreement regarding operational control, for which there is ample evidence.
The issue then is ‘decisive influence’ through shares held and voting rights granted. John Textor’s strategic objectives were for Crystal Palace to be a fully incorporated MCO entity. And, as we all know, he lost that battle, but he lost it as the main shareholder with equal voting rights to Steve Parish. And the fact also that two directors have MCO interests that have a direct bearing upon Palace’s European entry status makes this is a very dangerous and compromising situation for the club to be in.
In legal parlance, the case is ‘sui generis’ translated as ‘of its own kind’, which means the precedents set by Drogheda and Lyon are significantly different.
UEFA made it clear they were only looking at this from a compliance perspective, up to the 1st of March, which means all legal argument ended on that date. In other words, all subsequent actions made to mitigate and resolve the situation cannot, legally speaking, be taken into consideration.
Palace might not be a high profile club, but they are not a low profile club, either. The Drogheda and Lyon cases are only highly significant because Crystal Palace’s case was very high profile, indeed. And so what was a ripple effect of specialist interest about the status of MCO in world football quickly turned into a tidal wave of far reaching implications both for UEFA and FIFA.
It was both Textor’s and Blitzer’s primary responsibility to know exactly what are UEFA’s strategic interests regarding MCO and its place in European football, which they could have found out through their membership of the ECA, but they chose not to do that.
The only case that Palace really have is based around its unique nature, and how that impacts upon proportionality. I think Palace do have a case worth pursuing, but it’s still a bit of a long shot.
All emails sent to
info@cpfc.co.uk are monitored by customer services. I know the guy who does this, and been in previous correspondence with him. He is a ‘same-day-reply’ person, so I have every confidence that all the directors would have had those emails sent by UEFA forwarded to them immediately. It was not an ideal situation, but as Steve Parish said, “In fifteen years, I have never once had any communication from UEFA.”