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Universul Juridic magazin

Certain considerations regarding the enforcement of the sport arbitral awards in case of sport clubs under an insolvency procedure

One of the main reasons for which certain sport clubs went into the insolvency procedure in the years 2014 and 2015 was represented by the late enforcementn of the UEFA Financial Fair Play Regulations. Although the implementation of these Regulations has started at the European level since the competitive season 2011-2012, their implementation will start in Romania in the competition season 2015-2016, namely 5 years late. This aspect has led to a tense situation, the clubs decided to go into the insolvencym procedure and hence, numerous dissatisfactions have been generated on the part of the sportsmen, who want to recover their outstanding amounts as quickly as possible. Thus, the sportsmen have referred to all possible solutions for the purpose of recovering these amounts, considering the specificity of the football clubs, including the appeal brought before the Court of Arbitration for Sport in Lausanne. The situation regarding the insolvency of clubs in Romania is described as follows: the first Romanian football club which went into the insolvency procedure was FC Rapid, on 7 December 2012, subsequently followed by another eight clubs of the 1st League, namely Gloria Bistriţa, Universitatea Cluj, Oţelul Galaţi, FC Vaslui, FC Dinamo, CFR Cluj, Petrolul Ploieşti and FC Braşov. Among these, only seven football clubs operate in the first echelon at present, as Gloria Bistriţa and FC Vaslui are disaffiliated from the Romanian Football Federation.