The reasons with which the disciplinary section of the National Federal Court of the FIGC, chaired by Carlo Sica, declared the appeal presented by Reggina on the so-called “signature case” relating to the ACR Messina inadmissible have been published.
The decision, which arrived on May 12th, represents the third negative ruling for the Amaranth club after the previous precautionary requests which were also declared inadmissible.
The appeal against registration and membership
Reggina, together with Acireale and Sancataldese, had contested the regularity of the registration for the championship and the memberships made by Messina at the beginning of the season with Stefano Alaimo, then legal representative of the club despite an inhibition measure.
In the affair, the Giallorossi club had been supported before the federal bodies by Savoia and Enna.
The reasons of the Federal Court
According to what is reported in the reasons, “Article 118 of the Sports Justice Code reserves the exclusive right to the Federal Prosecutor to take disciplinary action against members, affiliates and other legitimate subjects, when the conditions for dismissal do not exist”.
The Tfn also underlines that “the ascertainment of disciplinary violations for events which occurred during sports competitions, but on which the Sports Judge was unable to rule, because it was not brought to the attention of the interested party or not responsible for the facts, can only result in the outcome of the ritual referral proposed by the Federal Prosecutor”.
The appeal was also deemed inadmissible from a temporal point of view. According to the Court, “there is no proof that it was proposed within thirty days of becoming aware of the fact” and “the thirty-day deadline for contesting the registration for the championship and the registrations carried out pending inhibition had largely expired”.
Reggina ready for the call
The reasons also highlight how it is “superfluous to send the file to the federal prosecutor’s office”, which has already been involved in the matter through the complaints presented on 15 April by Acireale and Sancataldese and on 20 April by Reggina.
The Amaranth company has taken note of the decision and the reasons filed by the National Federal Court, but has already announced that it intends to continue the legal battle by filing an appeal before the Federal Court of Appeal.