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Official Statement

MAR 28.07.2015 | Official Statement

Official Statement

Regarding the application of precautionary measures asked for by Mr. Pedro León Sánchez Gil.

Official Statement

MAR 28.07.2015

This morning LaLiga received the Court Order from the Provincial Court of Madrid, dated 10th of July, 2015, regarding the appeal lodged by this Sporting Association against the Court Order from the Commercial Court No.8 of Madrid, dated 17th of November, 2014, which granted the application of precautionary measures asked for by Mr. Pedro León Sánchez Gil and obliged the issuing of prior approval for the licence of the aforementioned footballer.

As a result, the Court Order of the Provincial Court revokes the precautionary measures granted at the time to the footballer and, in accordance with the arguments put forward by LaLiga, does not consider there to be the necessary appearance of good law with regards to the existence of an abuse of a dominant position, as the accused conduct has an objective and reasonable justification. Therefore, the Provincial Court of Madrid confirms the validity of LaLiga’s regulations for economic control, considering that the limits placed on the costs of registered squads in LaLiga are intrinsic to the “necessary restructuring of the finances of professional football clubs” and “proportionate to the achievement of said aim”.

The Provincial Court understands that, qualifying, “the rules for budget balance which limit the cost of registered sporting squads corresponds to a legitimate aim which is to fight against excessive borrowing by clubs and Public Limited Sports Companies within a situation of economic crisis and, ultimately, are aimed at fostering the sustainability of professional football”. In addition, the Court Order of the Provincial Court considers the fact that the LaLiga denies the approval of the applied for licence as proportional and intrinsic to the intended aim, given that the Clubs/PLSCs will therefore adapt their budgets to the set limits. All of this is without prejudice to the player being able to exercise at all times the corresponding actions before labour tribunals if he considers that his employer has infringed upon his employment rights; an issue which, surprisingly, Mr. Pedro León Sánchez Gil did not carry out.

Finally, the Court Order indicates that there has been a competition-distorting factor in the precautionary measure granted by the Commercial Court, given that Getafe CF, SAD, have been able to select the footballer and exceed the wage cap, whilst the rest of the Clubs/PLSCs have had to adapt to the respective limits established for each of them.

© LALIGA - 2015