Παρουσιάζουμε το από 20-8-2013 άκρως ενδιαφέρον και επίκαιρο αίτημα του Αντιπροέδρου του ΙΔΕΑΔ προς την ΦΙΦΑ, ως πληρεξούσιου δικηγόρου θιγομένων ποδοσφαιριστών, με τα προβλήματα (εσωτερικής αλλά και διεθνούς νομιμότητας) του ελληνικού ποδοσφαίρου, που ήδη από το 2013 θα έπρεπε τόσο η ΦΙΦΑ όσο και οι εκάστοτε ελληνικές κυβερνήσεις να είχαν αντιμετωπίσει, αν πράγματι ενδιαφέρονταν για την εξυγίανση του ελληνικού ποδοσφαίρου.
STATEMENT-MEMORANDUM
TO
1.
the
Board of Directors of FIFA
2. the Board of Directors of FIFPRO
FROM
- Miguel Sebastian GARCIA (Pitou)
- Constantine Victoras JACOB
- Joan Bogdan MARA
- Jean Chris WANGA
- Jean Baptiste FRANCHESKI
- Marcello DAMIANO
- Kwame PELE FRIMPONG
- Vance SIKOV
- Julio MOZZO
- Παντελή
ΚΑΦΕ
- Γιάννη
ΑΡΑΜΠΑΤΖΗ
- Γεωργίου ΠΑΝΑΓΟΠΟΥΛΟY
- Γεωργίου
ΑΜΠΑΡΗ
- Νικολάου
ΑΡΑΜΠΑΤΖΗ
And of at least
100 more professional football players, both Greek and foreign.
AGAINST
The Greek
Football Federation (G.F.F.)
Mr. President,
since we are mostly
foreign players (2 last two aforementioned are Greek) who have worked under an
Employment Contract and who have been vindicated with Court Orders issued by
the GFF against F.C. HERACLES (1st, 2nd, 3rd)
- F.C. TRIKALA (4th) - F.C. ETHNIKOS ASTERAS (5th) -F.Clubs
ETHNIKOS, FOSTIRAS and KORINTHOS (6th) - F.C. EGALEO (7th)
- F.C. APOLLON KALAMARIAS (8th) – F.C. ANAGENNISI KARDITSAS (9th)
– F.C. AEK (10th – 11th) - A.O.
CHAIDARIOU (12th) and
F.C. LARISSA (13th – 14th)
Since the last
Court Decisions of the GFF ruled that we are entitled to the money we earned,
plus the proper compensation, are yet to be applied, with the Board of
Directors of GFF being entirely responsible, in violation of the regulations of
GFF, the active Greek law N. 2725/99 and
FIFA, all in the benefit of the afflicted football clubs.
As an example we
are to testify some of the tricks used be the executives of the Greek Football
Federation, in full collaboration with the Clubs and the State, so that the
aforementioned rulings will remain unexecuted.
1. The Self-administered nature of the Greek Football Federation (ΕΠΟ – Ελληνική Ποδοσφαιρική Ομοσπονδία) – Τo be under the aegis of GFF
GFF,
irresponsibly misinterpreting both Greek and International Legislation, has
constructed a football Sui Generis, sometimes mimicking parts of FIFA’s
articles of association and regulations, other times arbitrarily infusing the
football legislation with regulations produced by itself.
There are many
cases in which legal conflicts occur. These cases are resolved with the use of
either FIFA regulation, Greek Law or GFF regulations. As one easily
understands, this has led to court decisions being unreliable and irregular.
IDEAD after
extensively studying the International and Greek Legislation, as well as the
Legislation produced by the European Union, has suggested that GFF can’t
function regardless of them and has concluded that the self-administrated
nature of GFF is restricted only to resolving trivial issues.
2. THE STATE INTERVENTION AND THE ACHILLES’ HEEL OF THE PROFESSIONAL
FOOTBALL COMMITTEE (ΕΕΠ – ΕΠΙΤΡΟΠΗ ΕΠΑΓΓΕΛΜΑΤΙΚΟΥ ΑΘΛΗΤΙΣΜΟΥ)
According to the
current Greek sports legislation, every unresolved issue that anyhow refers to
the concept of Legality, Finance and Public Safety is subject to the laws and
regulations of Greece
With that in
mind, PFC was founded in order to regulate, according to the Greek
Constitution, every man, party or corporation that is involved in professional
football.
This regulating
body imposes administrative sanctions to offenders without interfering with
EPO’s self-administrated nature.
Unfortunately
the same doesn’t happen as far as the interference of the Ministers and
Secretaries of Sports are concerned, instead they often extend their jurisdiction
towards professional football issues, sometimes acting as one with the
administration of EPO, other times acting in complete dissonance.
During the
former football season, Mr. Yiannis IOANNIDIS (Γιάννης ΙΩΑΝΝΙΔΗΣ),
who then was the Secretary of Sports, violated the self administrative nature
of GFF multiple times, without any complaint form GFF, though he made sure of
that by rewarding generously certain GFF’s executives.
Mr. Ioannidis
reduced the responsibilities of PFC and allowed the football clubs to not be
solvent regarding their financial responsibilities toward the players or Tax
Office, using newly introduced legislation that legally connected PFC, an
independed regulatory body, with the so
called self administered Judiciary Committees of GFF.
At the same time
the State, represented by Mr. IOANNIDIS, left the consecutive scandals that
were brought before the eyes of the public completely unattended. The most
disgracing offence of Mr. IOANNIDIS was allowing FC OLYMPIAKOS VOLOU and
KAVALA, both of which were expelled from all the professional football leagues
in Greece
Mr IOANNIDIS
ordered GFF to restructure all the Divisions so that FC OLYMPIAKOS VOLOU and
KAVALA could fit in, despite the lack of relevant legislation.
As a result, GFF
decided to increase the number of clubs participating in the second in rank
division of Greece , that is
Football League, to 21, and those participating in the first in rank division
of Greece
Please note that
in order for a football club to be granted a licence of participation, it has
to be examined as a Corporation by the Ministry of Labour, as an Artificial
Person by PFC and as a club by the Licence Committees of GFF. The verdicts of
these 3 regulatory bodies can be, and usually are, contradictory!
3. THE “LABYRINTH” OF BEING GRANTED A PARTICIPATION LICENCE.
In order to
receive a participation licence, football clubs have to be found eligible both
by the State and the football Legislation.
Since the
financial state of football clubs gets worse each year, PFC, GFF and the
Licence Committees lowered their standards, accepting incomplete petitions. If
the Law was executed normally, not more than 10 football clubs would be able to
participate in the professional leagues. This procedure cannot be compaired or
linked to UEFAs financial fairplay since there are practically no penalties for
the submission of an incomplete petition, except that of not being able to sign
players that are over 24 years of age.
4. SAILING BETWEEN SCYLLA OF THE GFF’S COMMITTEES AND CHARYBDIS OF THE
GREEK CIVIL COURTS
One of the huge
problems of the self administered GFF is the fact that the arbitrary bodies of
GFF, as described in Law 2725/99 have been since 2006 transformed as far as the
their composition is concerned, with Arbitrary Judges being replaced with
Lawyers and retired Judges.
As a result of
this contra legem transformation, PFC declared all the decisions of GFF’s
bodies denied and non executable. This practically forces the football players
to address the Civil Courts and PFC in order to satisfy their legal and
financial rights.
On the other
hand, GFF alongside with the football clubs resort to the relevant FMR (ΚΑΠ – Κανονισμός Αγώνων Ποδοσφαίρου) article
that prohibits players from resorting to the Civil Court
The same
confusion applies to Football Clubs when they happen to doubt the decisions of
GFF, even about matters that are not related to sports, before the Civil
Courts. They are severely punished, an example being FC HERACLES, which was
expelled from its division.
Due to all of
the above football players, clubs and lawyers risk their financial rights no
matter if they resort to GFF or the Civil Courts.
5. THE AREOPAGUS OF GREEK FOOTBALL
GFF, in a
desperate try to abolish resorting to the civil regulatory bodies, “invented”
the concept of the “Football District Attorney”. Please note that the
institution of a “Sports District Attorney” is already in effect, as well as a
“Recurring Arbitrary Court
The most
important are:
- The abolishment of the legal responsibilities of
the amateur football clubs when the according professional football club
are demoted.
- The validation of the unlawful restructuring of
the divisions, as described above
- The validation of the “Football Memorandum” that
GFF, Superleage and the Greek Football Players Union signed despite the
lack of a corresponding decision of GFF’s Board of Directors, contravening
Collecting Bargaining Agreements and Legislation
- Imposing the Temporary Statute of the Civil Court
of Thessaloniki that allowed FC ARIS to declare bankruptcy and thus
abolishing the financial rights of the football players of ARIS.
6. FOOTBALL MEMORANDUMS – FINANCIAL DEBT TO PLAYERS (To open a Pandora’s
box)
Since the clubs
pay less and less each year for the payoff of their debt and deny executing final
orders, GFF, Leagues and GFPU have produced and signed 2 football memorandums
that allow Clubs to pay their debt toward football players in 48 installments.
The signing of
the aforementioned memorandums did not comply neither with the Legislation, nor
with the bodies’ regulations. Please note that 2 EPS and several football
players have already denounced the memorandums.
7. LEGAL TRICKS AGAINST THE FOOTBALL PLAYERS WITH GFF’s CONCENT –
BYZANTINE REGULATIONS
The
aforementioned memorandums are the latest trick football executives utilize
against the legal and financial rights of the players, but they are not the
fist. Some of the tricks tried before include:
- Art.
99 of the bankruptcy code – The case of FC ARIS
While
GFF sanctioned various other football clubs and prevented them from qualifying
for the special procedures of debt trimming and debt extension, disqualifying
them from their Divisions through numerous Court decisions, when it came to FC
ARIS THESSALONIKIS GFF’s response was not the same at all. GFF, with the help
of the Sports Secretary Mr. IOANNIDIS
(who once coached the basketball team of ARIS), allowed FC ARIS THESSALONIKS
not only to resort to the Civil Courts of Thessaliniki, but also to acquire a
court decision preventing GFF from imposing penalties to FC ARIS for the clubs
debt to 40 (!) former players.
As a result, the players lose the funds owed to them, GFF’s Committees keep postponing the pending trials and FC ARIS still competes in the Superleague!
Please note that the same tolerance as shown by GFF and the State, was granted to ARIS only 5 years ago, when ARIS had resorted to the Civil Courts to qualify for debt trimming, utilizing art. 44 of the Bankruptcy Code, resulting in 40 players losing the money they thought they had secured through Court decisions.
As a result, the players lose the funds owed to them, GFF’s Committees keep postponing the pending trials and FC ARIS still competes in the Superleague!
Please note that the same tolerance as shown by GFF and the State, was granted to ARIS only 5 years ago, when ARIS had resorted to the Civil Courts to qualify for debt trimming, utilizing art. 44 of the Bankruptcy Code, resulting in 40 players losing the money they thought they had secured through Court decisions.
- Changing
the Status In Law – The case of FC HERACLES
Another
common trick is the change of the Status In Law of a professional football club
into another professional football club or an amateur football club through the
processes of merging, absorption or acquiring a new Taxpayer Identification
Number, all of which are strictly prohibited by FIFA and Greek Sports
Legislation, but completely approved in this case by GFF.
FC
HERACLES serves as a great example since, two years ago the club was demoted by
GFF, on the grounds of using forged legal documents and resorting to the Civil
Courts, to the fourth in rank Division (an amateur division). Nevertheless,
after only one season the same club was promoted, amidst the season, to the
third in rank Division through merging with FC PONTION KATERINIS. This season
the same football was again promoted to the 2nd in rank Division
(FOOTBALL LEAGUE) as a NEW FOOTBALL CLUB named FC HERACLES, utilizing a direct
decision of the Sports Secretary Mr. IOANNIDIS.
3. Debt cancellation due to demotion – The case
of FC MAKEDONIKOS THESSALONIKIS (A Trojan Horse!)
FIFA
should be familiar with the case of FC MAKEDONIKOS, a football club that was
demoted to the fourth in rank football division and was punished by FIFA due to
the debts of the club towards its former players.
At
first GFF was obliged to execute FIFA’s decision, acknowledging that the legal
responsibility of the club was indeed transferred to the related club. The
Court of Arbitration had also ruled that the debts of 4 more football clubs
(IONIKOS-TRIKALA-CHERSONISOS-EGALEO) were to be transferred to the related
amateur clubs. To everyone’s surprise GFF, represented on this matter by its
Director mr. PILAVIOS, made a 180 degrees turn, freeing them of any debt toward
the players.
Last
but not least the Arbitrary Court of EPO vindicated F.C. MAKEDONIKOS as well!
8. ILLEGAL RESTRURING OF THE DIVISIONS – THE CASE OF FC LARISSA AND AEK ATHENS
As mentioned
before, in the beginning of the 2012-2013 season, GFF and the Leagues blindly
obeyed the Secretary of Sports, mr. IOANNIDIS decision and proceeded, in
contrary with the law and regulations, with the restructuring of the divisions
so that FC OLYMPIAKOS, FC KAVALA and FC HERACLES could fit in.
At the same
time, it was decided that the third and fourth in rank Divisions would merge
into a newly founded amateur division. As a result, the Greek football would
consist of only 2 professional divisions.
Please note that
this merging resulted into clubs that were deeply into debt to voluntarily
choose to be demoted to an amateur division, so that their debt would be
erased, an example being FC AEK ATHENS that chose demotion to the newly found,
as mentioned above, 3 Division.
Also note that
the Greek Football Player Union remained
silent.
The only teams
that reacted were FC PANATHINAIKOS which resorted to the Court of Arbitration
against the restructuring, and FC APOLLON that voted against it in the meeting
of Football League’s Board of Directors.
9. GFF “EMBRACES” THE REFEREES (Caesar’s wife must be above suspicion)
Besides Sports
Law, GFF managed to control the referees. There are several scandals that saw
the light of publicity. What could substitute for an appropriate example is
what took place in the Greek Cup Final.
With all the
aforementioned in mind mr. V. Konstantinou and mr. Nikolopoulos, an active
member of the parliament, sued GFF, with the case still pending. The district
attorney is currently investigating several of these scandals, as well as the
complaints of FC ASTERAS TRIPOLIS regarding the Greek Cup Final.
Please note that
FC OLYMPIAKOS VOLOU and FC KAVALA where never punished by GFF, even though the
fist was punished by FIFA.
10. THE HYDRA HEADED VIOLENCE AND HOOLIGANISM
During the past
season there were several cases of hooligans entering the court, matches being
interrupted and journalist on duty being attacked, which all contribute to
Greek Football resembling a jungle, as was very cleverly noted by football
player of PAOK D. Salpigidis
11. THE REACTION (Beware Greeks bearing gifts)
One would expect
this chapter to be of great length. In fact, If you were to subtract the 2
aforementioned lawsuits, you wouldn’t find any other reaction by the Greek State
Please note that
many of the Clubs that are affected by all of the above have reached the point
of addressing the Prime Minister of Greece
In addition
there is the reaction of ΙΔΕΑΔ (Institute of Internationas
EPILOGUE FOR CATHARSIS
The fixed games
scandal, illicit sports gambling, hooliganism and violence, the legal scandals,
and the irresponsible attitude of the State towards reorganizing the different
League Divisions, have damaged not only the public image of Greek Football, but
also the people working in it.
The
aforementioned Football Players whom I hereby represent constantly do
everything in their power addressing either EPO, or the Civil Courts, to find a
solution, change the current Status Quo. We have decided that’s it is high time
we addressed the superimposed international football authorities to report,
document and uncover all the injustice that football players, managers, even
football teams, regardless of them being greek or foreign, have suffered.
This report’s
goal is to inform you, after an extensive search, about the cases that can be
regulated by international law.
Since the GFF, GFPU,
Leagues, Clubs alongside with the Secretary of Sports have way often not taken
the Greek Constitution, The Labour and Sports legislation, the European Union’s
legislation, international football laws and regulations, as well as GFF’s own
legislation, and thus the related Court Decisions are obstructed from being
executed, afflicting our interests and rights.
FOR ALL THE ABOVE REASONS
WE ASK OF YOU
To investigate
and take all the necessary action and make sure that the GFF will from hereon
finally apply the International Law and Legislation.
The representing
lawyer
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