“Not in accordance with law” – La Liga appeal Dani Olmo registration decision | OneFootball

On Thursday, it was confirmed that Barcelona can count on Dani Olmo and Pau Victor for the remainder of the 2024-25 season, with the Higher Sports Council (CSD) ruling in the Catalan club’s favour on the registration issue that was challenged by La Liga and the Spanish Football Federation.

Barcelona were originally granted a precautionary measure by the CSD back in January, and now the case has been settled in their favour. However, this is not the end of it, as La Liga are not prepared to take the ruling lying down.

Hours after the decision was confirmed, La Liga have now released a statement confirming that they will appeal the CSD’s verdict.

Thursday’s ruling means that Dani Olmo, who is currently out injured, and Pau Victor are able to play for Barcelona for the remainder of the 2024-25 season (Image via Sport / X)

La Liga’s full statement is as follows:

“La Liga has learned today of the Resolution of the CSD, which resolves the appeal filed by FC Barcelona and the players Dani Olmo and Pau Víctor on January 7, 2025, which challenged the denial of prior visa and registration of these players by La Liga and the RFEF. Having analysed this Resolution, upholding the appeal on the basis of an alleged lack of competence of the Monitoring Committee of the Coordination Agreement, La Liga considers it necessary to make the following considerations:

“1. La Liga considers that the dismissal Resolution notified today is not in accordance with law, among other reasons, for the following:

“The refusal of a prior visa for the renewal of licences or for their re-registration is an act resulting from the automatic application of the rules for the registration of players. In this context, the agreements adopted by the Monitoring Committee of the RFEF-La Liga Agreement on 4 January 2025, were limited to confirming the legal impossibility of processing new licences, thus ratifying the literal application of the federation regulations. This aspect falls within the competence of the committee. On the other hand, the above is confirmed by the fact that FC Barcelona appealed the decision of the Budget Validation Body (OVP) that prevents the issuance of the prior visa to the Directorate of Competitions through the La Liga Manager.

“In any case, the decision of the Monitoring Committee did not replace the decisions that had been previously adopted by the competent bodies of La Liga and the RFEF. In this case, the decision of the La Liga Competitions Directorate through the La Liga Manager system, which has not been the subject of this appeal. Therefore, the Monitoring Committee did not reject FC Barcelona’s applications, but confirmed the rejection of the previous visa that was made through the La Liga Manager system, as well as the criteria of the RFEF’s legal advice expressed on December 31, 2024 in relation to the new registrations of players.

“We must remember that the licenses of the two players automatically expired on December 31, 2024, at the end of the duration of the same, agreed between the Players and the Club. Therefore, in no case is a federative act of cancellation of the same required.

“The competence of the CSD in matters of licences is limited to the review of acts of issuance or refusal of licences, but not to their cancellation or extension (art. 116.3.a and 117 LD) as is the case in the present case. This, in view of the numerous judicial decisions issued and even resolutions issued by the CSD itself, which contravenes its previous doctrine, which confirm that it is a matter not susceptible to administrative review.

“In addition, the CSD’s resolution ignores the consolidated administrative and judicial doctrine according to which the nullity of full right must be manifest, because the competence is expressly entrusted to another body (or to none) and that it does not occur, when there is a need for a prior legal interpretation to determine it, nor when the applicable regulations do not specify which body the competence corresponds to. In this sense, sports legislation does not attribute competence in matters of prior visas and the issuance of licences to any body of the professional leagues and Spanish sports federations and in the resolution of the CSD there is not a single mention of which internal body of La Liga or the RFEF would be competent. therefore, there cannot be a “manifest lack of competence” from which the nullity of full law is derived.

“On the contrary, the action of La Liga and the RFEF in the present case has been limited to the objective and literal application of the applicable regulations through the internal bodies that have been attributed these powers and that have been exercising them peacefully and consolidated over time.

“2. The CSD has issued the Resolution almost three months after the filing of the Appeal, that is, exhausting the maximum legal period, without, in all this time, resolving the request for urgent lifting of the precautionary measure, adopted on January 8, 2025, formulated by La Liga with its brief of allegations filed on January 22.

“This delay contrasts with the extraordinary speed with which the precautionary measures requested by FC Barcelona and its players were granted in just 24 hours, and without a prior hearing of La Liga and the RFEF, thus violating the principles of contradiction and defence.

“3. These measures were adopted without complying with the legal requirements and procedural guarantees, thereby affecting the integrity of the competition. In addition, it contravenes the jurisprudential doctrine of the Supreme Court and approaches that had been previously established by two court orders rejecting precautionary measures (specifically, the order of 23 December 2024 issued by the Commercial Court No. 10 of Barcelona and the order dated 30 December of the Court of First Instance No. 47 of Barcelona).

“La Liga reiterates its commitment to legality, competitive fairness and the objective application of the regulations on economic control and registration of players and therefore, La Liga, not considering the aforementioned Resolution to be in accordance with the law, will appeal it immediately.”

It remains to be seen whether La Liga are successful in their appeal, but for now at least, Barcelona can continue to enjoy having Olmo and Victor at the disposal of head coach Hansi Flick.