court case
NAC faces the KNVB in the Utrecht court today. The Breda club still wants to have the match against Go Ahead Eagles declared invalid. Follow the case live here.
Jurre van Wanrooij, Bob Hermus
NAC, which is fighting relegation from the Premier League, lost 6-0 to Go Ahead Eagles last month. Dean James played in that match for the Eagles. As an Indonesian international, this defender may have lost Dutch citizenship and thus not have a work permit. Reason enough for NAC to register a protest with the KNVB.
The prosecutor of professional football decided not to punish James and pointed out the ignorance of players and clubs. The competition board allowed the score of 6-0 to stand. NAC then went to court, which will consider the case in summary proceedings today. The verdict will be announced on Monday at 12 noon.
liveblog
The session is now closed and this live blog will also stop. Thanks for following and on BN DeStem you can read what the judge decides on Monday at 12 noon.
The judge will make his ruling next Monday at 12 noon, he indicates. “There is still quite a bit to think about.”
Marianne van Leeuwen also takes the floor. “With this passport affair, professional football has entered unknown territory. With major consequences for many players and clubs.”
“We are sitting here opposite one of our members, a member who is as dear to us as any other. In any case, we will continue together in the same industry, no one should doubt that. But with an eye to the future of professional football, we have made this careful decision. In the interest of professional football as a whole.”
“Why are we here? Because NAC does not want to be relegated,” says KNVB lawyer Van Dijk. “But that should not happen here, but on the field.”
Janouk Kloosterboer, Supervisory Board member of NAC, takes the floor. “NAC already contacted the competition board before the procedure and then heard back: ‘We are familiar with it.'”
The judge presents a hypothetical case in which he would agree with NAC. The KNVB must then honor this, according to its own lawyer.
“Is there an example in which the KNVB did not allow a match with a player who was not entitled to play to be replayed?” the judge asks.
That happened in 2016, the association says. But that was due to a club that itself refrained from playing over. According to policy at the time, this was allowed.
The following questions are about the interests of the competition, now that the interests of NAC have been discussed. “A large number of matches were played with players who were not eligible to play. There is a procedure for submitting a request within eight days. I have seen that a number of clubs have made reservations, but that seems fairly clear. Isn’t it about 233 games?”
“NAC has also made such a reservation itself,” said the KNVB. “It is not just about this one match.”
Wilms continues: “No alternatives have been looked at, no discussions have been held with NAC. These are serious shortcomings in this decision-making.”
Consultation with NAC is not an obligation, but the lawyer contrasts that with the fact that everything has been said in the media.
“A bit of a lame argument,” says NAC’s lawyer, who indicates that the interests of enforcement are generally known.
“Of course, those interests were taken into account,” Van Dijk answers on behalf of the KNVB. “The position was taken into account. But we also read things in the summons that the competition board could not take into account.”
The ‘things’ that NAC has included in the summons are the financial figures in the event of relegation. “But I don’t think it’s nice to say that.”
The judge closes this part again. He continues about the importance of NAC. The interests between relegation and survival. How did the KNVB view this? It appears that this has not been taken into account.
The KNVB refutes: “To make it complicated: we are talking about Dean James who will play for Indonesia, but there are also players who will play for Suriname. They do not lose their Dutch citizenship. Just to indicate that it is terribly complicated matter.”
“If you just Google it, you will see at the top what the law says about this,” NAC adds when asked. “These are not cookie-cutter, but professional parties.”
“Despite this article, it has become apparent that there is widespread ignorance of this rule in Dutch professional football,” the KNVB said.
The decision is not made by clubs, but by the KNVB, the judge repeats. That’s why he still wants an answer.
“The FBO also confirms our impression that there was unfamiliarity. I can follow the prosecutor’s reasoning.”
The judge indicates that he understands NAC. “Everyone should know the law, especially if it has already been published in a ‘trade magazine’.”
The judge cites the article of VI, which warned about the passport problems last year. “Can you explain to me why clubs cannot be blamed for this?”
“I am here on behalf of the KNVB,” says Van Dijk. “I have tried to explain the relationships. The KNVB is the organizer and cannot look into the cards of players and clubs.”
We leave Article 7 behind us. The judge now asks further about his knowledge of the passport problem. Especially towards the KNVB.
Van Dijk, on behalf of the KNVB, provides an explanation of his texts that the prosecutor’s ruling must be followed in connection with the ‘internal legal order’.
The judge mainly focuses on the aforementioned Article 7 and the different interpretation that both parties have of it. The word ‘can’ leaves room for the KNVB. On the other hand, you may wonder what such a rule is worth if the choice is entirely up to the KNVB.
