ARNHEM
The chairman of the Court of Appeal indicated this after an almost four-hour session, in which much more substantive discussed the matter than at the summary proceedings at the Court of Central Netherlands a month ago. Just like in Utrecht, there was a large group of Vitesse supporters in front of the building to follow the session.
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It became clear during the hearing that Vitesse focuses on a direct return in the kitchen champion division, possibly due to a suspension of the decision of the withdrawal of the professional license pending the outcome of the land procedure started. Michel Schaaij indicated that the strong holders will be financially guaranteed for this and that although twelve first team players have left, it will want to supplement the selection with unemployed football players and has already made contacts for this.
Critical questions to KNVB
The members of the Court of Appeal asked critical questions to Lawyer Van Dijk of the KNVB and General Counsel Mark Boetekees as representative of the KNVB about some procedures followed and the (im) possibilities to make a restart in amateur football.
The Court of Appeal felt Vitesse lawyer Van Drunen and Schaaij, the chairman of the strongholds, to the test about what the intended takeover of the shares would look like and asked many questions about the financial background of that deal. Among other things, the small price that has been corresponded to 1 euro for 24.9 percent of the shares and 2.6 million euros for all other shares were asked.
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“These kinds of questions are asked about the background whether there is no permanent involvement of Mr. Parry, who can cause problems with sanctions and anti-money laundering law,” said the chairman of the Court of Appeal.
‘Plan from tube Coley Parry’
It was striking that lawyer Van Drunen van Vitesse said that the plan of the acquisition by five minority shareholders had come out of the tube of Coley Parry early this year, something that has always been denied by Vitesse. Van Drunen said about the assessment made at the beginning of this year: ,, Vitesse has its hands in her hair and says to himself: how do we deal with this situation? We prefer not to go through Mr. Parry, because when it goes through Parry, it evokes all kinds of violent reactions in Zeist. But at the same time we have nothing. Mr. Parry thinks he can get a better deal with these five shareholders. What can we do: critically check whether the construction like Mr. Parry has thought out in line with the regulations of KNVB. ”
Churchill en Martin Luther King
Lawyer Van Drunen started the hearing with a glowing speech, in which he quoted Sir Winston Churchill and Pastor Martin Luther King and made a comparison with the situation of FC Twente in 2016. ,, The balance was gone. Not in the last place because of the principle of equality, because when FC Twente systematically did not act with integrity, the license committee deliberately misled and even committed criminal offenses, the KNVB intake of professional license was rightly right, but was ultimately not decided on the basis of a weighing of interests. He meant that a bankruptcy of FC Twente would be disproportionate. A stark contrast with the treatment that Vitesse received. “
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Lawyer Van Dijk indicated on behalf of the KNVB to find the situations incomparable. ,, They are not the same cases. The license rules have also been tightened since the FC Twente case. The fist -thick file shows that the situation of Vitesse was many times more serious and is then with FC Twente. ”
‘No self -insight, no improvement’
Van Dijk repeated the position of license and appeal committee. ,, The license committee and a professional committee have independently established a structural pattern of bypassing, undermining and a lack of transparency. There are 17 violations, 16 circumstances and observations on which all this is based. The pattern has led to many sanctions. 57 points deduction, maximum fines. Vitesse showed no repentance, no self -insight, no improvement, no self -cleaning capacity, nothing at all. On the contrary. “
Van Dijk added: ,, The behavior of Vitesse continued after the withdrawal decision. This confirms the multi -year pattern that has been considered a structural and persistent by the appeals committee. Both the license committee and the appeals committee have carefully formulated in very large decisions on the basis of which that most serious sanction is justified. If the social interests always prevail, then that heaviest sanction would never be applicable and that would detract from the effectiveness and credibility of the licensing system. ”
‘Ratification or destruction’
The chairman of the court summarized the most likely results at the end of the session. ,, This will not be a decision that has already been fully worked out. That is what we call a head-tail-pronunciation. It contains the beginning and the process of process and the decision so that you know where you stand. That will be the ratification of the decision of the first court or the destruction and any form of allocation. Then you know whether Vitesse can continue and yet have to be admitted to professional football or that unfortunately there is nothing else to do than to search for other solutions. ”
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