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Final (?) decision: Napoli not admitted to Serie B; what now ?   Message List  
Reply | Forward Message #2112 of 3609 |
AUTOMATIC TRANSLATIONS
Sorry for the poor quality
elio

-----------------------

NAPLES IS OUT From the B SERIES
The judge of the sixth week section of the Civil court of Naples, Antonio Mungo,
called to pronounce itself on the provisions adopts you from the same partenopeo
Court on the block of the championship of B series and sull'appartenenza of the
title sport it of Naples soccer, has detected a defect of jurisdiction in both
cases, having sent back the issue to the Tar of the Lazio. Francesca Rinaldi,
lawyer of the Figc, has rilasciato some declarations to "Napoli Magazine": "Il
judge Mungo has recognized the defect of jurisdiction of the Court of Naples.
The competence passes to the Tar of the Lazio. E' revocato state the provision
of August of Posteraro. The next steps of the Figc? I cannot make other
declarations for the Figc but in this moment Naples is outside from the
championship of B" series;. Also it cures it to you bankrupt has expressed the
own position, after the decision of Mungo, through the declarations dell'avv. Of
Nola, the legal study Fimmanò, to Naples Magazine:!
"Dall
a reading of the device the judge Mungo has recognized the defect of
jurisdiction of the Court of Naples. Have been revoca you all the provisions in
audita alter part. This provision is reclamabile from part of cures it to you
and will decide if to take provisions. Fimmanò and Contieri will decide if to
protest less or. The times? Task that the bankrupt court determinerà".
Antonio Petrazzuolo

NAPOLI SOCCER: TIFOSI, "VERGOGNATEVI, VERGOGNATEVI"
31/8/2004 - Tifosi of Napoli, who have followed with manifestations in front of
the court the audiences that regarded the fates of their square of the heart,
have received the decree of the judge Mungo with a chorus "vergognate to you,
vergognate to you". When they have learned the news before have gathered small
group and, then, compattati, they have begun of new to inveire and screaming
slogan heavy to the address of the president of the Frank Figc Carraro and the
same Federation. With the decision odierna, of fact, theoretically the
championship of B series and the Italy Goblet can continue regularly if not they
will be resorted to the Tar of the Lazio. At the moment Naples would have to go
to occupy that inserted case with the X from the Figc in the calendar of C1
series.


FIGC: ' NAPOLI STILL HAS THE POSSIBILITY OF PLAYING IN THE C1 SERIES ''
31/8/2004 - Napoli still has the possibilita' of having one square in C1 series.
Ago to know the Figc that after it it pronounces of the Court of the of campania
capoluogo, that has sent back to the Tar of the every Lazio decision to care,
ribadisce ' ' the disponibilita' to continue to collaborate with Cures it to you
bankrupt and with the local institutions in order to find a solution that square
of Naples to the championship of C1 series concurs to enroll one ' '. The
federcalcio it emphasizes that ' ' the least time to the disposition e', but
working concretely and seriously the objective puo' to be without doubt
conseguito' '.


NAPLES SOCCER: BURSTS PROTEST, GAUCCI LEAVES?
31/8/2004 - Deep disappointment in Naples after that the Court has decreed the
passage of competences approximately the riammissione of Naples in B to the Tar
of the Lazio. In practical, for the tifosi and who as Gaucci had fought against
the demotion, the end of the dream seems discounted. ' they are disappointed, a
lot disappointed, perche' I have always said that Naples had to defend the B
with all the crismi, instead Naples has defended the C having made the volonta'
of the masters - it has said the vulcanico patron of the Perugia - Sin, I had
become attached to this citta' and its tifosi'. It seems therefore a goodbye,
this. Gaucci does not hide its disappointment, and adds: ' there are small
citta' that they defend the title it with the teeth like the Aquila and Viterbo.
Second Naples me has not made. I have given all same me for the B, others
probably if they are sold it. But like it makes in citta' as a Naples not to
defend a title acquired it on the field? To Catani!
a all
have defended the title it, also politics, to Naples e' be thus, and to think
that the cause of Naples was piu' just and linear of that one of the Catania'. '
We will make resorted to the Tar - it continues - only for one justice issue.
But even if we will have reason will not give the titolo' to us. The perspective
of the C1, to this point the probable hypothesis piu', does not interest to
Gaucci. ' Me vergognerei to guide Naples in C1. If you had intentional I could
it have taken for 7 million with Lodo Petrucci, but me I did not feel to guide
Naples in C1 '. Also the tifosi have reacted, to way they. A group of blue
supporters, to edge of ciclomotori and motorcycles, has caught up the railway
station centers them where e' moved hour the protest. The tifosi are enter to
you in station with the small engines and they have then parks them you to the
inside of the port of call, heading towards the railroads. Some supporter of
Naples have therefore blocked a eurostar directed !
to Mil
an, inviting the passengers to come down. -


DELAYED TO FRIDAY 3 SEPTEMBER The SITTING Of The FEDERAL COUNCIL Of the
FEDERCALCIO
31/8/2004 - The sitting of the federal Council of the previewed Federcalcio in
order tomorrow e' be sent back to venerdi' 3 september, with beginning to the
13. To render it e' the same Federation famous, than in a famous one it
emphasizes as the decision has been taken "in coherence with the flood
disponibilita' of the Figc to collaborate with Cures it to you bankrupt and with
the Neapolitan institutions perche' within venerdi' one is found concrete
solution for the registration of one square of Naples to the next championship
of C1 series".


CASE THE 6 EXAMINED NAPLES SARA' SEPTEMBER FROM THE TAR OF THE LAZIO
31/8/2004 - The relative issue to Naples Soccer sara' examined from the Tar of
the Lazio next the 6 september: it has said, leaving the center of the court of
Naples, Francisco Fimmano', adviser of cures it to you bankrupt of the failed
Ssc Naples. Trattera' of an extraordinary audience in the course of which the
judges of the third section, presided from Vito Carella, will examine four
resources altogether, two of which have in object the fate of the Neapolitan
square. In the first case, the same one cures it bankrupt of the sport society
Naples Soccer to you has made rerun against the cancellation of the admission of
the society the championship of series B. Avendo 26 past August cures it to you
bankrupt rinunciato to the urgency provision, the resource sara' now discussed
only with reference to the merit issues. The 6 september the judges trained to
you will discuss also the resource introduced from the Blue society Naples
Soccer spa, presided from Luis Vinicio, against t!
he sus
pension of the procedure for the attribution of the title sport it of the sport
society Naples Soccer for the registration to the next championship of C1
series. Blue Naples Soccer, second the leaders, have requirement for the
registration in C1 through the formula of Lodo Petrucci.


SOCCER: IN 34 PAGES the LEGAL DECISION THAT HAS PREVENTED to NAPOLI The B SERIES
31/8/2004 - Trentaquattro pages in order to explain with legal reasonings
perche' Naples puo' not to be enrolled in B from the partenopeo civil court and
perche' instead the exclusive competence to decide on every controversy tied to
the affiliation of a sport society to samples to you is up to the organ of
administrative justice of the Tar of the Lazio. The system of the decree of the
judge Antonio Mungo that revoca the provisions on the block of the B and the
inhibition to the Figc to arrange of the title sport it of Naples soccer, e'
founded on the law by decree 19 August 2003 number 220, so-called ' the decree
salvacalcio' that to article 2 it reserves to the sport ordering the discipline
of the issues having to object between the other things the admission and the
affiliation to the federations of society, associations sport and of single
tesserati, nonche' the agonistiche organization and the development of attivita'
the not programmed and admission to same of the squa!
res an
d the athletes, establishing that ' ' exausted the degrees of the sport and firm
justice remaining the jurisdiction of the ordinary judge associations and
athletes, every other controversy having to object actions of the Italian
National Olympic Committee or the federations sport not classified to the organs
of justice of the sport ordering was devolven to the exclusive jurisdiction of
the administrative judge (characterized for law as far as the competence of
first degree in the Tar of the Lazio, also in relation to the emanation of the
cautelari measures). A formulation ribadita recently - it remembers Mungo - from
the Council of State with one sentence (number 5025 of the 2 July 2004) and from
the Cassation (sentence 5775 of 2004). ' ' Therefore - it explains Mungo - it
appears enough simple to conclude that said issues they are embezzled to the
jurisdiction of the ordinary judge, for being devolven to that exclusive right
of general character assigned to the administrati!
ve jud
ge. From the moment that the jurisdiction of the ordinary judge e' previewed
from art.3 for the single patrimonial relationships between society,
associations and athletes, seems that the relative issues to the admission and
the affiliation to the federations of sport society and associations obvious,
not possone that to re-enter nelal general exclusive jurisdiction of the judge
amministrativo' '. The illegittimita' of the actions it adopts you from its here
connects dle partenopeo court ' '... the legittimita' of the actions adopts to
you in this matter, not puo' that to be sindacata by means of impugnativa
innanzi to the Tar of the Lazio' '. ' ' the forced insertion of the square of
Naples - law in a passage of the decree of the judge Mungo - in mentions
calendars to you of the competitions sport would be equivalent, to opinion of
this judging, one pronounces judicial constituent with which autorita' the
judicial ordinary would end in order to take control powers trained t!
o you
being up to the competent federal organs (previo reply very determines to you
presupposed, it does not limit you to the single existence of the title sport
it) is pure to exercise under the control impugnatorio (and eventulamente
risarciatorio/ripristinatorio) of the judge amministrativo' '. Finally from the
judge one stop to the demand for cures it and Gaucci to you to transmit the
actions in power of attorney: ' ' the fact elements that have been evidence to
you in the report of audience of 28 August 2004 do not justify the asked
admission for the actions the proxy of the Repubblica' '.






Wed Sep 1, 2004 6:06 am

elio53
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AUTOMATIC TRANSLATIONS Sorry for the poor quality elio ... NAPLES IS OUT From the B SERIES The judge of the sixth week section of the Civil court of Naples,...
Elio Lo Conte
elio53
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Sep 1, 2004
6:25 am
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