College of Guarantee: the decisions on Imolese, Pergolettese and Foggia

TMW / TuttoC.com

The First Section of the College of Guaranteeat the outcome of the hearing session held today and chaired by the President Vito Branca, took the following decisions:

1) accepted the appeal registered in the RG appeals no. 2/2022, presented, on January 4, 2022, by the company Imolese Calcio 1919 srl and by Mr. Antonio De Sarlo against the Italian Football Federation (FIGC), and with notification also made to the Italian Professional Football League (Lega Pro) and to the General Prosecutor of Sport at CONI, for the annulment and / or reform of the Court’s decision Federal Appeal Section – United Sections – of the FIGC, issued on 6 December 2021 with CU n. 39 / CFA, with which the sentence of the National Federal Court – Disciplinary Section – issued with CU n. 51 / TFN of 3 November 2021 (which had imposed, on Mr. De Sarlo, the sanction of the inhibition for six months, and on the Imolese Calcio company, the sanction of the fine equal to € 10,000.00, ) and, as a result, in acceptance of the complaint presented by the Federal Prosecutor’s Office to the FIGC, the aforementioned applicant club was sanctioned with a penalty of two points in the standings, to be served in the current sporting season, pursuant to art. 32, paragraph 5-bis, CGS FIGC, while, in rejection of the complaint presented in the interest of Mr. De Sarlo, the sanction imposed on him by the endofederal judge of first instance was confirmed; he has also ordered the full compensation of the legal costs;

2) rejected the appeal registered in the RG appeals no. 3/2022, presented, on January 17, 2022, by the US Pergolettese 1932 srl against the Federal Prosecutor at the Italian Football Federation, as well as against the Italian Football Federation (FIGC), for the annulment of the decision of the Federal Court of the FIGC Appeal, published, limited to the device, with Official Notice n. 40 / CFA-2021-2022 of December 9, 2021, and with reasons made public with Official Notice n. 43 / CFA-2021-2022 of December 17, 2021, in the part in which, in partial acceptance of the complaint presented by the appellant Company against the decision of the National Federal Court – Disciplinary Section – n. 50 / TFN-SD of 3 November 2021 (which had imposed, among others, the penalty of 2 points in the standings, to be served in the current sporting season, on the same company), was restated to 1 penalty point in classification, to be discounted in the current sporting season, the sanction against US Pergolettese 1932 srl; it has also ordered the full compensation of the legal costs;

3) took note of the cessation of the matter of the dispute, against the resignation of the appellant, with formal consent of the counterparties appeal registered in the RG appeals no. 8/2022, presented, on February 2, 2022, by the company Calcio Foggia 1920 srl against the Italian Football Federation (FIGC), as well as against the FIGC Federal Prosecutor and with notification also to the General Prosecutor of Sport at CONI, for the cancellation and / or reform, pursuant to art. 54 and 62 of the CONI Sports Justice Code, the decision of the Federal Court of Appeal – United Sections – of the FIGC n. 0055 / CFA / 2021-2022 of January 3, 2022, communicated to the appellant company on the same date, with which the complaint proposed by the aforementioned applicant against the first instance ruling of the Federal National Court – Disciplinary Section – n. 0058 / TFN-SD / 2021/2022 of November 22, 2021 (equally challenged with this appeal, with which the penalty of four points in the standings was imposed on the Apulian club, to be served in the current 2021/2022 sports season ) and, as a result, the original penalty was reduced to two points, following the referral by the Federal Prosecutor of October 14, 2021 (Prot. n. 2554 / 117pf21-22 / GC / b1p), by way of liability direct and objective, pursuant to art. 6, paragraphs 1 and 2, of the CGS, in relation to the violations respectively ascribed to Dr. Maria Assunta Elena Pintus (art. 4, paragraph 1, of the CGS, art. 20 bis of the NOIF and art. 32, paragraph 5 bis, of the CGS, also in relation to art.31, paragraph 1, of the CGS) and to dott. Nicola Canonico (art. 4, paragraph 1, of the CGS and art. 20 bis of the NOIF), as well as, by way of his own responsibility, for the violation of art. 32, paragraph 5 bis, of the CGS; as well as for the cancellation and / or reform of any prodromal, previous, presupposed, preliminary and / or subsequent (if existing and also unknown) act to the decision challenged here;

4) took note of the cessation of the matter of the dispute, in the face of the applicant’s waiver, with formal consent of the counterparties, in relation to the appeal registered in the RG appeals no. 9/2022, presented, on February 2, 2022, by Dr. Nicola Canonico against the Italian Football Federation (FIGC), as well as against the FIGC Federal Prosecutor’s Office and with notification also to the Sports Attorney General at CONI, for cancellation and / or reform, pursuant to art. 54 and 62 of the CONI Sports Justice Code, the decision of the Federal Court of Appeal – United Sections – of the FIGC n. 0055 / CFA / 2021-2022 of January 3, 2022, communicated at the aforementioned instant on the same date, with which the complaint lodged by the same appellant against the first instance ruling of the National Federal Court – Disciplinary Section – n. 0058 / TFN-SD / 2021/2022 of November 22, 2021 (also challenged with this appeal, with which the sanction of the inhibition for six months was imposed on Dr. Canonico), and, as a result, it was reduced three months from the original inhibition following the referral by the Federal Prosecutor of October 14, 2021 (Prot.n. 2554 / 117pf21-22 / GC / b1p), for the violation of art. 4, paragraph 1, of the CGS and of the art. 20 bis of the NOIF; as well as for the cancellation and / or reform of any prodromal, previous, presupposed, preliminary and / or subsequent (if existing and also unknown) act to the decision challenged here;

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College of Guarantee: the decisions on Imolese, Pergolettese and Foggia


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