Rangers confident FIFA will not come calling after court overrules transfer ban

Chief football writer

Wednesday 30 May 2012

RANGERS believe that a technicality will mean FIFA, world football's governing body, will not wade into the club's dispute with the Scottish Football Association.

The judgment by Lord Glennie was welcomed by Duff & Phelps yesterday but Paul Clark insisted 'it is very regrettable that court action was required'.

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Michael Grant

Rangers successfully challenged the SFA's imposition of a year-long transfer embargo at the Court of Session in Edinburgh yesterday, but the fact they took their national association to a civil court contravenes FIFA statute 64. That states that the Court of Arbitration for Sport (CAS) should be recognised as the independent judicial authority in football disputes, and that recourse to ordinary courts of law is prohibited for clubs unless specially provided for in the FIFA regulations.

Rangers are optimistic that FIFA will not regard their dispute with the SFA as significantly serious because the club argued only that the sanction of a one-year signing ban was not available to the SFA Judicial Panel which imposed it, not that there should be no punishment. The club was penalised for bringing the game into disrepute, primarily over non-payment of taxes under owner Craig Whyte.The club's position was upheld in the Court of Session when the SFA was told the penalties it could have applied were a fine of up to £100,000 (which it did also impose on Rangers), expulsion from the Scottish Cup, and suspension or terminantion of SFA membership. The verdict meant the case will be sent back to the SFA's Appellate Tribunal, which may now have to impose a more lenient, or more severe, penalty than it had first thought appropriate. It had ruled that for Rangers' offences, a fine was too lenient but suspension or termination of membership too harsh. Herald Sport understands Rangers had offered to accept one-season expulsion from the Scottish Cup before the transfer ban was imposed. The club's position was that the SFA's rules do not stipulate that an appeal has to be taken to CAS.The ruling yesterday was a major embarrassment to the SFA. It introduced new, tighter disciplinary procedures only last June which it believed were legally robust and enforceable, yet yesterday Lord Glennie ruled that the transfer ban was not one of the sanctions it had the right to impose. The transfer embargo was imposed by a three-man Judicial Panel including leading QC Gary Allan, and then upheld by an Appellate Tribunal chaired by Lord Carloway.Both Rangers and the SFA have 21 days to consider what action to take next.An SFA spokesman said: "We are surprised by today's verdict at the Court of Session, especially since the original sanction against Rangers FC was imposed by an independent panel chaired by a leading QC and upheld by an Appellate Tribunal chaired by a Supreme Court Judge. We will now consider our position with our legal advisers before making further comment."Rangers' case had been presented by Richard Keen QC, whose fees were paid for from the Rangers Fans Fighting Fund. The Court of Session ruled that those costs must be met by the SFA. Paul Clark, from Rangers' administrators Duff & Phelps, said: "We welcome the decision by Lord Glennie today that vindicates the club's position that the original SFA Judicial Panel tribunal and the Appellate Tribunal acted beyond their powers in imposing a transfer embargo on the club."The costs for this legal action have been awarded against the SFA and it is our position it is very regrettable that court action was required. Both we, and the SFA, will have to study the full ramifications of the judgment when it is published and either side has 21 days in which to decide the next course of action or whether they wish to appeal."There were fears that by taking the SFA to court, Rangers risked a damaging, Sion-like case. Sion were docked 36 points by the Swiss FA this season at the end of a long and bitter dispute with the international football authorities. They were punished for fielding players in the Europa League who had been signed during a transfer embargo (the duration of which the club disputed). Ironically, Rangers are still serving a separate transfer embargo which will not be lifted until the club emerges from administration.

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Rangers confident FIFA will not come calling after court overrules transfer ban

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