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MADRID, 7 (EUROPE PRESS)
The Court of First Instance number 15 of Madrid has dismissed the precautionary measures against the LaLiga agreements and the CVC fund for the implementation of the LaLiga Impulso project.
The appeal against the LaLiga agreement of December 10 was presented by the clubs Athletic Club de Bilbao, Fútbol Club Barcelona and Real Madrid Club de Fútbol, contrary to the aforementioned agreement.
In the order, to which Europa Press has had access, the judge points out that the precautionary measures requested are not admissible because it would mean the paralysis of effects already initiated or executed, “accepting and superimposing the criteria of a minority against the election carried out and consented to by the majority.
The LaLiga Impulso project became effective in December when LaLiga and the CVC funds signed the agreement approved at the General Assembly with 37 of the 42 member clubs voting in favour. It supposes, according to what was reported at the time, a strategic project that aims to promote the global growth of LaLiga and its clubs.
“With the agreement between LaLiga and the CVC funds, the clubs will receive a total of 1,994 million euros to carry out growth and consolidation projects in terms of technology, innovation, internationalization or sports,” LaLiga recalled.
In the precautionary measures, the three clubs requested, on the one hand, the preventive suspension of the strategic operation of LaLiga and CVC; and on the other, the suspension of the transmission of LaLiga’s business activities other than the marketing of audiovisual rights in favor of its wholly-owned subsidiary LaLiga Tech, SLU Delegation to the Delegated Commission for its execution. The claimant clubs also wanted the removal of the effects of any acts of execution of said agreements.
But from LaLiga they opposed these precautionary measures, pointing out that “the suspension would only entail the blocking of what has already been executed, since the agreements have already been executed and taken effect, delivering the corresponding amounts”, and added that the nullity of the contracts “does not is the subject of this trial, which is simply challenging social agreements”.
“VERY MINORITY PARTNERS”
Now, after holding the hearing for the precautionary measures, held on February 24, the Court indicates that observing the budgets in which the ‘periculum in mora’ is based -the risk of not taking this precautionary measure on time- In the request made, it is verified that “in reality, to a large extent, they do not refer to the effectiveness of the sentence that is issued in relation to the challenge of agreements, but rather that the risk is centered on the consequences that the measure would have in relation to certain very minority partners”.
In the magistrate’s opinion, this “completely blurs the purpose of precautionary protection.” He adds that it must be taken into account that the intended precautionary measure of suspension “would suppose the paralysis of effects already initiated or executed, accepting and superimposing the criterion of a minority against the election carried out and consented to by the majority.”
In the operative part, the magistrate recalls that an appeal can be filed against his decision before the Provincial Court of Madrid within 20 days and after making a deposit of 50 euros, in the account of the Judicial Office.