Palace potentially denied entry to Europa League?

[Wisbech Eagle]

Am I right in thinking that in this point in time Palace have only been provisionally demoted but Forest have not been given their place, either provisionally or permanently?

The reason I ask is because that would mean that if this was settled prior to CAS, Forest wouldn't have recourse to challenge it as they technically wouldn't be losing anything that had ever been offered to them.

Some smarty pants will tell me I am completely wrong here and I am open minded to hear their correction!

Forest are named in the list of Europa League entrants, subject to our appeal succeeding.

I think EUFA want a CAS decision, rather them deciding to reverse it themselves. If CAS do it then there’s nothing Forest can do. If EUFA do it Forest could go to CAS themselves which would create chaos, or even sue them. I wonder if they actually want their decision overturned, knowing it’s unreasonable but were hogtied by their own rules. So perhaps they won’t fight too hard.

 

[cryrst]

That is point of a non liability settlement no precedent is set as it is a confidential agreement between parties.

I do get that but in a case like this the reason behind us in or out is sketchy to say the least. I doubt it could be a closed case as others may be affected in future by the very same sketchy rules.

 

[eaglesdare]

Surely UEFA could have waited 2 extra weeks for this. That way they still didn't have to make a decision. 🤷🏻‍♂️

 

[Palace in the Blood]

I do get that but in a case like this the reason behind us in or out is sketchy to say the least. I doubt it could be a closed case as others may be affected in future by the very same sketchy rules.

If it is an open settlement then EUFA will have to give way - along lines of due to change of circumstances of ownership no conflict arises hence Palace reinstated in Europa. That allows forest to challenge date but as they have no case they will lose. Almost certainly any such agreement would be a consent order signed by a CAS judge

A negotiated settlement will almost certainly be on current position with us in conference but being compensated for losses in some way. This again maybe made by consent and authorised by a judge.

The argument in both cases is it spares court time or the judges have indicated the way they are likely to rule and suggest parties come to a suitable agreement for losses and costs.

 

[silvertop]

Forest are named in the list of Europa League entrants, subject to our appeal succeeding.

I think EUFA want a CAS decision, rather them deciding to reverse it themselves. If CAS do it then there’s nothing Forest can do. If EUFA do it Forest could go to CAS themselves which would create chaos, or even sue them. I wonder if they actually want their decision overturned, knowing it’s unreasonable but were hogtied by their own rules. So perhaps they won’t fight too hard.

That's my take.

Forest have no right to be heard at our appeal even though they will "suffer" if it is upheld. It would be as if the UEFA ruling never was. Thus, no loss.

 

[silvertop]

If it is an open settlement then EUFA will have to give way - along lines of due to change of circumstances of ownership no conflict arises hence Palace reinstated in Europa. That allows forest to challenge date but as they have no case they will lose. Almost certainly any such agreement would be a consent order signed by a CAS judge

A negotiated settlement will almost certainly be on current position with us in conference but being compensated for losses in some way. This again maybe made by consent and authorised by a judge.

The argument in both cases is it spares court time or the judges have indicated the way they are likely to rule and suggest parties come to a suitable agreement for losses and costs.

Are you sure that's how it works over there?

You describe a situation where UEFA and Palace are advesaries. Where CAS can look to endorse an informal settlement between them.

However, UEFA and Palace are not that. UEFA are the lower tribunal who made a decision. CAS are the higher tribunal where that decision is to be challenged by way of appeal.

UEFA can overturn their own decision and avoid that; but they would face the certain peril of a bloody attack by Forest.

 

[est1905]

Are you sure that's how it works over there?

You describe a situation where UEFA and Palace are advesaries. Where CAS can look to endorse an informal settlement between them.

However, UEFA and Palace are not that. UEFA are the lower tribunal who made a decision. CAS are the higher tribunal where that decision is to be challenged by way of appeal.

UEFA can overturn their own decision and avoid that; but they would face the certain peril of a bloody attack by Forest.

Which is why its better for all concerned if we continue down the CAS route regardless of what UEFA decide to do. That way the decision is final and cannot be challenged.

 

[whatton]

Now Lyon have hired lawyers because they want to cancel Matt Turner’s transfer as they say he’s not good enough!

Lyon hires lawyer to help pull out of Matt Turner transfer from Forest

Ligue 1 side Lyon has brought in a lawyer in an attempt to help the financially strained side pull out of its agreed-upon deal with Premier League side Nottingham Forest for U.S. Men's National Team goalkeeper Matt Turner

www.themirror.com

 

[chris123]

Now Lyon have hired lawyers because they want to cancel Matt Turner’s transfer as they say he’s not good enough!

Lyon hires lawyer to help pull out of Matt Turner transfer from Forest

Ligue 1 side Lyon has brought in a lawyer in an attempt to help the financially strained side pull out of its agreed-upon deal with Premier League side Nottingham Forest for U.S. Men's National Team goalkeeper Matt Turner

www.themirror.com

Good enough for ligue 2 where they should be playing

 

[Part Time James]

Good enough for ligue 2 where they should be playing

And the Europa Conference 😁

 

[Spindle]

Marinakis definitely has a weight advantage over Parish

It's the scale of corruption that sickens me. Tons of it, many thousands of pounds, and not an ounce of decency from UEFA

 

[Spiderman]

Lyon will be allowed in EL and then go bankrupt. Shows UEFA and FFF for what they are. Hope it fucks EL.

 

[Toronto_CPFC]

I know how a trustee process should work, but how does it work in relation to an active football club where it is clear that the owner will never back away and take a back seat with regard to his investment. Surely it’s just a sham.

You just know that if there was a major financial decision to be made about the club, they are not going to phone the monkey, they’ll go straight to the organ grinder.

What is the punishment if he gets caught doing this?

I think they have to 'Spank the Monkey'......

 

[Jim_Cannon]

Now Lyon have hired lawyers because they want to cancel Matt Turner’s transfer as they say he’s not good enough!

Lyon hires lawyer to help pull out of Matt Turner transfer from Forest

Ligue 1 side Lyon has brought in a lawyer in an attempt to help the financially strained side pull out of its agreed-upon deal with Premier League side Nottingham Forest for U.S. Men's National Team goalkeeper Matt Turner

www.themirror.com

Haha not sure Forest will agree and I doubt there is a cancellation notice

 

[whatton]

Haha not sure Forest will agree and I doubt there is a cancellation notice

I think we’ve made a few transfers in our time that we wished we could have cancelled!

 

[dreamwaverider]

Now Lyon have hired lawyers because they want to cancel Matt Turner’s transfer as they say he’s not good enough!

Lyon hires lawyer to help pull out of Matt Turner transfer from Forest

Ligue 1 side Lyon has brought in a lawyer in an attempt to help the financially strained side pull out of its agreed-upon deal with Premier League side Nottingham Forest for U.S. Men's National Team goalkeeper Matt Turner

www.themirror.com

Two multi club outfits go legal on one another having just become good mates. Laughable.

 

[Wisbech Eagle]

I don’t know if anyone else is reading any of the Forest forums but they are good for a laugh or two. When the story about us possibly missing out they were full of sympathy. As soon as it became clear they would benefit the attitude changed completely. We are now a bunch of no hopers who failed to observe the rules and deserve to be kicked out. Something that CAS are bound to rubber stamp because their job is simply to verify that the rules exist and were correctly applied.

Which is, of course, untrue. I asked Google about the role of CAS in this. The response was:-

“Court of Arbitration for Sport (CAS):
CAS is a common forum for resolving sports-related disputes, especially when internal remedies have been exhausted.

• Acting Outside Powers: If the rule exceeds the organization's authority or is unlawful.
  
  
• Procedural Unfairness: If the rule was applied unfairly or violated principles of natural justice.
  
  
• Unreasonableness: If the rule is irrational, arbitrary, or capricious. “

I think the second and third apply. Natural justice has not been served and the rule is irrational and arbitrary.

 

[Part Time James]

I don’t know if anyone else is reading any of the Forest forums but they are good for a laugh or two. When the story about us possibly missing out they were full of sympathy. As soon as it became clear they would benefit the attitude changed completely. We are now a bunch of no hopers who failed to observe the rules and deserve to be kicked out. Something that CAS are bound to rubber stamp because their job is simply to verify that the rules exist and were correctly applied.

Which is, of course, untrue. I asked Google about the role of CAS in this. The response was:-

“Court of Arbitration for Sport (CAS):
CAS is a common forum for resolving sports-related disputes, especially when internal remedies have been exhausted.

• Acting Outside Powers: If the rule exceeds the organization's authority or is unlawful.
  
  
• Procedural Unfairness: If the rule was applied unfairly or violated principles of natural justice.
  
  
• Unreasonableness: If the rule is irrational, arbitrary, or capricious. “

I think the second and third apply. Natural justice has not been served and the rule is irrational and arbitrary.

If we're reinstated perhaps we can have a synchronised one minute chortle at them during our home game?