The titular magistrate of the Commercial Court No. 2 of Madrid has completely rejected the request for The league to maintain the precautionary measures adopted by the Provincial Court of Madrid, denying the possibility of holding First and Second Division matches on Mondays and Fridays.
As stated in the resolution, the judge does not share, “after the complete examination of the actions carried out in the sentence and the new study that has now been carried out in relation to the request for maintenance of precautionary measures by LaLiga “, the decision of the Provincial Court of Madrid, since, in its opinion, it is “an indirect and partial examination” of precautionary measures, which does not enter the merits of “a complex legal issue”.
“The applicable state sports legislation requires mandatory coordination between LaLiga and the RFEF, in accordance with constitutional jurisprudence and the Supreme Court, an issue that, furthermore, has in no way been modified by Royal Decree-Law 5/2015, to Despite the continuous efforts of LaLiga to make an interpretation that has no legal-normative support and that has also endorsed with its own acts to sign coordination agreements in the years 2010, 2014 or even after the entry into force of the aforementioned Royal Decree-Law where it has expressly agreed with the RFEF to dispute matches outside of the official day “, the judge emphasizes.
“Coordination, obviously as required by legislation and jurisprudence, tries to give coherence to the organization of professional football competitions and, compared to what the Provincial Court maintains in the Order of June 1, 2020, that coherence for the dispute of matches On Fridays and Mondays, outside the concept of official working hours, it requires an agreement between the parties, as has been happening at least since 2010 and until 2019, so that the interest of professional football is coordinated with the interest of non-professional football which, according to the legal representation of the RFEF, is estimated at almost one million sports licenses, “the text continues.
In this sense, the magistrate sees “logical and coherent that through the coordination required by the Sports Law, the parties reach the corresponding agreement” in this disputed issue of schedules
“In short, no measure of pressure from the RFEF towards LaLiga was appreciated or appreciated by this court, but rather the opposite, a predisposition to negotiate from good faith to reach a satisfactory agreement for all Spanish football,” he highlights. asking LaLiga and the RFEF to negotiate “in good faith, with the aim of reaching agreements and starting from reasonable positions in the broadest sense of the word “.
“If they have to act in coordination, that logically implies that they cannot act unilaterally, but that the basis of their action must be the agreement on those matters relating to the organization of the competition. If LaLiga cannot forget it, even less so the RFEF for its own institutional position, which should lead it to facilitate as far as possible the success of the competition, which being organized by LaLiga demands your decisive participation. It is, without a doubt, a responsibility of the first order, “he demands.
This resolution is not firm and against it the filing of appeal before Section 28 of the Provincial Court of Madrid, the competent in matters of a commercial legal nature, within a period of twenty days.