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Kí kært fótbóltsambandi og framferð forsetan's í FSF til FIFA
Klaksvíkar Ítróttarfelag hevur í dag sent klagu til FIFA, sum í stuttum snýr seg um brot á galdandi fótbóltsreglur og væntandi rættartrygd. Vónin er at fair play sleppur at ráða, verður sagt í tíðindaskrivi frá KÍ
Klaksvíkar Ítróttarfelag hevur gjøgnum FSF kært Fótbóltssambandi til FIFA:
From: Klaksvíkar Ítrottarfelag
Address : Postboks 204, FO-700 Klaksvík, Faroe Island.
Att: FIFA
Address: FIFA-Strasse 20, CH-8044 Zurich
Att: Disciplinary Department
FAX: 0041 43 222 7878
e-mail: contact@fifa.org
Reg: The questionable transfer of a player outside the given window and its implications
Klaksvíkar Ítrottarfelag (KÍ) – member of the Faroese Football Federation, FSF, which is a member of FIFA, hereby approach FIFA with the following matter.
The Faroese Football Federation has appointed two registration periods as described in the FIFA Regulations on the Status and Transfer of Player, whereof one was closed Monday 27 July 2009 at 24.00.
According to the rules, a player can only be transferred to another club during the appointed registration period and regulation article 6.3 stipulates that a transfer demands a valid application from the club to the relevant association during the registration period.
In the Faroe Islands, a player Christian R. Mouritsen was to move from HB to B36 while the transfer window was open. For some reason, the formalities were not carried out and only when HB on July 28 – after the transfer window had been closed – pointed out to B36 that the player was playing illegally for B36, were the appropriate documents handed to FSF by B36. Later, it came to light that the reason for the delay was oversight and administrative mistake on the part of B36.
The Competition Committee of the Faroese Football Federation – which is under the General Committee – discussed the matter and decided that the transfer could not be accepted based on the fact that the documents necessary i.e. contract, release and registration, had not been handed in on time.
Despite this decision, the Competition Committee later reconsidered the matter and on August 21 – two days before the match between KÍ and B36 - changed their decision and gave Christian R. Mouritsen permission to transfer to B36 despite the registration period being closed.
In this connection, it is important to note that our team KÍ and B36 were fighting to avoid relegation. Obviously, it was crucial to B36 that Christian R. Mouritsen, a former professional player for Manchester City, be allowed to play for B36.
As it turned out, he did play a pivotal role for B36, among others, by scoring important goals in matches, which they won, and thereby giving them an advantage, which was not rightfully theirs.
One significant point is that the Competition Committee did seek legal advice in the matter, and the advice was that the transfer be disallowed. The new decision was based on “special circumstances”. In our opinion oversight and disorganized administration within a club can never be considered as special circumstances.
A matter which is of grave concern to us is the role played by the President of the Faroese Football Federation, Høgni í Stórustovu in all this. Though not a member of the Competition Committee, he played an active role in this matter, which is unfortunate given that his brother Jákup í Stórustovu is Christian R. Mouritsen’s agent. We have therefore reason to believe that the decision in the player’s favour was biased because of the involvement of the President. We believe that his actions influenced the decision in favour of the player and his agent, because otherwise the player would have been without a club and without the possibility of being sold.
Furthermore, we think that proof of the President’s involvement and influence on the Competition Committee cannot be doubted, since he actively participated in a meeting where the matter was discussed and the decision taken, at the same time as his brother was the player’s agent. Obviously, this is a tricky situation for an agent and could potentially damage his relationship with his player because the agent should have followed up on the negotiations of the contract and made sure that the appropriate formalities were carried out.
Another unsettling fact is that the lawyer, who is commonly used by FSF, and who often has given the Competition Committee advice in legal matters, also participated in the meeting, but now representing B36, as well as being the personal legal adviser for one of the committee members. At this point, it can be noted that the decision in the Committee was a 2-1 decision.
As a whole, we believe that the handling of this matter has been rather poor and a direct breach of the rule of registration period as well as breach of the regulations about “due consideration is given to the sporting integrity of the competition”.
Now that the competition for this year has finished we can acknowledge that our team has relegated from the best division, whilst B36 avoided relegation by getting 4 points more than we did. As already mentioned Christian R. Mouritsen played a decisive role in B36’s team and scored in crucial matches.
The result of all this is that we have been relegated and our club, which has never before played in a lower division, is financially vulnerable and stands to lose a considerable income. We believe this is caused by an illegal decision taken by the majority in the Competition Committee, and that The Faroese Football Federation has not upheld rules, but let other opinions take over.
This year’s competition has ended and we cannot do anything about that, but our economic loss – estimated to at least € 100.000 – should be compensated.
A point of interest in this connection is to be noted. In May this year, our club KÍ, while the transfer window was closed, applied to FSF to get a former player from FC Copenhagen, who had been without a contract for some years to KÍ, but this was turned down by FSF.
We call upon FIFA to give this matter the serious consideration it deserves, because we believe that the regard for football regulations etc. has been seriously compromised. We cannot turn anywhere else as according to the rules of FSF, decisions taken by the Competition Committee about players’ permits cannot be appealed from within FSF.
We also believe that our legal rights have been compromised by this, as it may be feared that a political body put together by members elected at the annual general meeting, does not take necessary regulations and formalities into consideration. Furthermore, we request FIFA to kindly give us all documents relating to this issue for our perusal.
With anticipation that fair play will succeed
Klaksvík Oktober 9, 2009
KÍ
Tummas Lervig. Chairman.
Jóhann Lützen. Press Officer
From: Klaksvíkar Ítrottarfelag
Address : Postboks 204, FO-700 Klaksvík, Faroe Island.
Att: FIFA
Address: FIFA-Strasse 20, CH-8044 Zurich
Att: Disciplinary Department
FAX: 0041 43 222 7878
e-mail: contact@fifa.org
Reg: The questionable transfer of a player outside the given window and its implications
Klaksvíkar Ítrottarfelag (KÍ) – member of the Faroese Football Federation, FSF, which is a member of FIFA, hereby approach FIFA with the following matter.
The Faroese Football Federation has appointed two registration periods as described in the FIFA Regulations on the Status and Transfer of Player, whereof one was closed Monday 27 July 2009 at 24.00.
According to the rules, a player can only be transferred to another club during the appointed registration period and regulation article 6.3 stipulates that a transfer demands a valid application from the club to the relevant association during the registration period.
In the Faroe Islands, a player Christian R. Mouritsen was to move from HB to B36 while the transfer window was open. For some reason, the formalities were not carried out and only when HB on July 28 – after the transfer window had been closed – pointed out to B36 that the player was playing illegally for B36, were the appropriate documents handed to FSF by B36. Later, it came to light that the reason for the delay was oversight and administrative mistake on the part of B36.
The Competition Committee of the Faroese Football Federation – which is under the General Committee – discussed the matter and decided that the transfer could not be accepted based on the fact that the documents necessary i.e. contract, release and registration, had not been handed in on time.
Despite this decision, the Competition Committee later reconsidered the matter and on August 21 – two days before the match between KÍ and B36 - changed their decision and gave Christian R. Mouritsen permission to transfer to B36 despite the registration period being closed.
In this connection, it is important to note that our team KÍ and B36 were fighting to avoid relegation. Obviously, it was crucial to B36 that Christian R. Mouritsen, a former professional player for Manchester City, be allowed to play for B36.
As it turned out, he did play a pivotal role for B36, among others, by scoring important goals in matches, which they won, and thereby giving them an advantage, which was not rightfully theirs.
One significant point is that the Competition Committee did seek legal advice in the matter, and the advice was that the transfer be disallowed. The new decision was based on “special circumstances”. In our opinion oversight and disorganized administration within a club can never be considered as special circumstances.
A matter which is of grave concern to us is the role played by the President of the Faroese Football Federation, Høgni í Stórustovu in all this. Though not a member of the Competition Committee, he played an active role in this matter, which is unfortunate given that his brother Jákup í Stórustovu is Christian R. Mouritsen’s agent. We have therefore reason to believe that the decision in the player’s favour was biased because of the involvement of the President. We believe that his actions influenced the decision in favour of the player and his agent, because otherwise the player would have been without a club and without the possibility of being sold.
Furthermore, we think that proof of the President’s involvement and influence on the Competition Committee cannot be doubted, since he actively participated in a meeting where the matter was discussed and the decision taken, at the same time as his brother was the player’s agent. Obviously, this is a tricky situation for an agent and could potentially damage his relationship with his player because the agent should have followed up on the negotiations of the contract and made sure that the appropriate formalities were carried out.
Another unsettling fact is that the lawyer, who is commonly used by FSF, and who often has given the Competition Committee advice in legal matters, also participated in the meeting, but now representing B36, as well as being the personal legal adviser for one of the committee members. At this point, it can be noted that the decision in the Committee was a 2-1 decision.
As a whole, we believe that the handling of this matter has been rather poor and a direct breach of the rule of registration period as well as breach of the regulations about “due consideration is given to the sporting integrity of the competition”.
Now that the competition for this year has finished we can acknowledge that our team has relegated from the best division, whilst B36 avoided relegation by getting 4 points more than we did. As already mentioned Christian R. Mouritsen played a decisive role in B36’s team and scored in crucial matches.
The result of all this is that we have been relegated and our club, which has never before played in a lower division, is financially vulnerable and stands to lose a considerable income. We believe this is caused by an illegal decision taken by the majority in the Competition Committee, and that The Faroese Football Federation has not upheld rules, but let other opinions take over.
This year’s competition has ended and we cannot do anything about that, but our economic loss – estimated to at least € 100.000 – should be compensated.
A point of interest in this connection is to be noted. In May this year, our club KÍ, while the transfer window was closed, applied to FSF to get a former player from FC Copenhagen, who had been without a contract for some years to KÍ, but this was turned down by FSF.
We call upon FIFA to give this matter the serious consideration it deserves, because we believe that the regard for football regulations etc. has been seriously compromised. We cannot turn anywhere else as according to the rules of FSF, decisions taken by the Competition Committee about players’ permits cannot be appealed from within FSF.
We also believe that our legal rights have been compromised by this, as it may be feared that a political body put together by members elected at the annual general meeting, does not take necessary regulations and formalities into consideration. Furthermore, we request FIFA to kindly give us all documents relating to this issue for our perusal.
With anticipation that fair play will succeed
Klaksvík Oktober 9, 2009
KÍ
Tummas Lervig. Chairman.
Jóhann Lützen. Press Officer
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