the Commercial Court points to "manifest errors" on the part of the DNCG

the Commercial Court points to “manifest errors” on the part of the DNCG

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A few days after the announcement by the DNCG Appeals Board to maintain Bordeaux in National 1, the Bordeaux Commercial Court pointed out four “obvious errors” by the federal body.

In a letter read by Sud Ouest, the Commercial Court of Bordeaux, through two conciliators, pointed out four “manifest errors” on the part of the DNCG Appeal Board, which upheld the decision of a demotion from Bordeaux to National 1. These conciliators sent their findings to the FFF and to the Minister of Sports, Amélie Oudéa-Castéra.

The first concerns the Commission’s assertion that the 8.25 million euros which will be paid by the LFP following CVC’s acquisition of a stake in the commercial company of the League would have been included in the provisional budget and do not come not in the 40 million euros of additional financing need for the 2022-2023 season.

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Several confusions of the DNCG appeal committee

The second point refers in particular to the capital increase of 10 million euros promised by Jogo Bonito, owner of the club, during the takeover in July 2021, which would not have been effective until June 2022, according to the Commission. But it would have been well carried out in August 2021, according to the regional daily which obtained the minutes of this act. The third error concerns the new capital increase of 10 million euros by Jogo Bonito, voted on June 21 under a resolutory condition, and not taken into account by the Commission. Sud Ouest specifies that the conciliators point to a confusion on the part of the Commission between a resolutory condition (deed agreement which will be canceled if not maintained in Ligue 2) and a suspensive condition (agreement valid only in the event of maintenance in Ligue 2).

Last error pointed out by the conciliators: the DNCG Appeals Committee attaches “no legal value” to the order of the Commercial Court pointing out that the club is not in default and underlining the “seriousness of the restructuring” and the “approval of agreements with creditors” possible.

The FFF under pressure

According to the regional daily, if the elements mentioned do not settle all the validation of the financial elements requested by the body, they put pressure on the FFF before the conciliation and can be an asset for the club in the event of summary proceedings. suspension before the Administrative Court.

On Saturday, several thousand Girondins fans and former great players gathered in the streets of Bordeaux to express their support for their club, administratively relegated to National and on the verge of bankruptcy. Convinced of being able to save the FCGB, sportingly demoted to Ligue 2, its owner, Gérard Lopez, indicated that he had injected an additional 14 million euros into an escrow account in anticipation of the announced player sales.

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