A court declares null and void the agreements approved without a vote in the Spanish Volleyball Federation

This Monday the court of first instance number 15 of Madrid has agreed with the assembly members who have denounced since 2021 the poor application by the president of the Royal Spanish Volleyball Federation (RFEVB), Agustín Martín Santosof article 101 of the General Regulations to not submit to debate or vote those assembly matters that did not have an amendment or alternative proposal.

This ruling declares void all agreements that have not been submitted to debate or voting. Among these are the end of the 2020 financial year, the 2021 budgetslos RFEVB action plans for 2021he state level competitions projectlos Federation sports calendarslos health protocols for state-level competitions and the rules of the game for the bejamín category.

From May 2021 until now, Spanish volleyball has experienced four assemblies in which President Martín Santos has avoided the debate and subsequent voting on the issues on the agenda. On the contrary, the method used has been the protection of article 101 of the General Regulations, which allows matters to be considered approved despite not being debated or voted on in the assembly. For this reason, since that date it has been used this method in important aspects such as budgets and annual financial year closingslos action planslos sports calendars waves competition rules.

Since May 2021, Spanish volleyball has not been able to debate or vote on important aspects

During the May 2021 assembly, several members of the highest governing body announced that they reserved the right to challenge what they considered different non-compliance during the course of the meeting, including, the prohibition of the resale right for the president’s use of Article 101. This modus operandi had not been used until now, but Martín Santos has applied it since his re-election. However, during this period of time, his salary has been put to a vote, despite having no amendments or alternative proposals. In view of all these irregularities, the federations of Aragon, Cantabria, Catalonia, the Valencian Community and the Basque Country, filed a lawsuit.

The judge in the case states that “The interpretation made by the president and maintained by the defendant is not in accordance with either the Law or the Jurisprudence on the matter and does not respect the statutes of the association”and therefore considers void “the items on the agenda in which members were deprived of casting their vote”.

Another case took place in 2020, when a judge sentenced the electoral process of the elections in the RFEVB as “dark” and “not very transparent” for which he ordered to “roll back the process” and repeat the elections. “to guarantee that the electoral process conforms to the requirements of a Statute of Law”. As of today, the ruling by the National Court is still awaiting after the Higher Sports Council and the Volleyball Federation itself presented an appeal.

Thanks to this ruling, all those agreements of the rest of the assemblies held subsequently in which the president has made use of article 101 will also be null and void: December 2021, 2022 and 2023.

This interpretation of the president leaves in the air the resolution of several unknowns such asn public subsidies received o those that have been granted by the Spanish Federation itself to athletes, Territorial Federations and clubs.

First favorable ruling

On January 13, 2022, the Central Administrative Litigation Court No. 11 ruled to uphold the appeal presented by the Catalan Volleyball Federation, the Aragonese Volleyball Federation and David Lechón Blasco against the TAD resolution on the creation of the provisional census of the electoral process of the RFEVB and ordered to “return the procedure to the moment in which the TAD resolves it in an exhaustive and reasoned manner on the challenges made to the provisional census.”

The sentence also spoke of a “dark” and “not very transparent” process which urged the TAD to issue a new resolution “to guarantee that the electoral process conforms to the demands of a rule of law.” According to the judge, the plaintiffs offered “reasonable indications that there has been a very significant number of additions to the initial census due to the actions of four federations against which.” On the other hand, “the now appellants provided arguments that a significant number of such additions to the initial census were improper.”

2024-02-22 14:38:52
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