This weekend the playoffs of the Spanish American Football League (LNFA) start. Let's say that they are quite controversial due to the first week's match between L'Hospitalet Pioners and Zaragoza Hurricanes, in which the local team allegedly violated the regulations about import players on the field, which led to a claim by Hurricanes to the Spanish American Football Federation (FEFA) who ended up agreeing with Hurricanes and giving them the win.
This decision, given the classification order between Hurricanes and Pioners, would end up being of vital importance for the playoffs, but Pioners would claim to the Spanish Sports Court (TAD), requesting the annulment of the FEFA decision and modifying the classification again, leaving Zaragoza Hurricanes out of the playoffs.
Zaragoza Hurricanes vs L’Hospitalet Pioners, credits @HortaZgZ
The Allegations: LNFA Regular Season Matchup
But let's go back to the place and time of the events. In the game corresponding to the first week of the regular season between Pioners and Hurricanes, the local team (Pioners) allegedly committed a violation of the regulations by fielding more foreign players (imports and foreigners are the two categories included in the competition regulations) than allowed.
Initial Reactions and Complaints
The news spread like wildfire. In the stands, in internet chats and WhatsApp groups, nothing else was talked about: “Pioners have played with 4 imports and foreigners on the field.” On the field, Hurricanes head coach complained about the improper alignment to the referee, while at half-time the president of the Zaragoza Hurricanes went down to demand that the infraction was recorded in the minutes of the game. But the main referee explained that the instructions they had were not to do so and not to act as police officers, with the teams being the ones who should claim the infraction to FEFA. Even if this sounded weird, there was nothing to suspect that the infraction could go unpunished, so everybody assumed that Pioners would lose the game due to suspension.
Just a few hours later, the comments were very different. The quality of the game video recording–done by Pioners–made it impossible to appreciate the players' numbers. In addition, the broadcast of the match had also disappeared from Youtube. Hurricanes were not going to have an easy time proving what everyone had seen.
FEFA's Initial Ruling: Lack of Evidence
Despite everything, the Hurricanes decided to file a claim. Something that did not seem to please the Spanish American Football Federation (FEFA), fearing that in the future it would open the way to similar situations (what is usually known in sports as “winning in the offices”). The FEFA Judge decided to close the claim, alleging (confirming) that the video recording was of poor quality. At this point, it is worth remembering that the competition regulations, the same ones that limit the number of foreigners on the field, mandates the local team (Pioners) to upload the recording of the match to an intranet under quality conditions. But in this case those conditions did not allow to clearly see if Pioners had fielded more than three foreigners.
Hurricanes' Persistence: Appeal to FEFA
The Judge closed the file. Apparently, something that was public and noticeable to everyone was not actually so. And this despite the fact that the Hurricanes, in communications with the Judge, had announced that they were working on an evidentiary document that would need some time to be done (due to the difficulty of obtaining quality images of the aforementioned recording).
FEFA Appeal Committee's Decision: Hurricanes' Victory
At this point, the process becomes confusing. Despite the surprising close of the file, the Hurricanes insisted on their claim and sent the evidentiary document. The file then went to the FEFA Appeal Committee which, without transferring the information and the new documents to Pioners, but given the evidence of the images in it, decided to give the win to the Hurricanes due to improper alignment. Closed case.
Or not.
Pioners' Response: Appeal to TAD
Given the irregular process (remember that the FEFA Judge had decided to close the file, but at the insistence of the Hurricanes, the claim had been passed to the FEFA Appeal Committee without the apparent formal procedures), Pioners claimed to the Spanish Sports Administrative Tribunal (TAD) alleging formal defects in the administrative process.
The possible violation of the competition regulations about improper alignment was no longer on the table, and the Pioners claim only talked about the formal defects of the process, especially the fact that the FEFA Appeal Committee had not given the Pioners the documentary evidence presented by the Hurricanes (which, with no doubt, is a violation of the administrative regulations).
TAD's Intervention: Temporary Suspension of FEFA's Decision
Along with this, and since the playoffs deadline was near, it was also requested the temporary suspension of the FEFA Appeal Committee's resolution as a precautionary measure, which the TAD accepted and already left the playoffs in a precarious situation.
TAD's Verdict: Overturning FEFA's Decision
But, to everyone's surprise and sooner than expected, the TAD resolved the Pioners' appeal prior to the playoffs deadline.
And it wast as expected, as there is nothing easier for an Administrative Court to resolve than a formal defect that invalidates a previous decision, without having to go into the substance of the matter.
A question, by the way, that the TAD neither could have entered into because the Pioners' appeal did not mention or question it. And a Court can never decide for what it is not asked about, a legal principle that when properly applied, as in this situation, allows obtaining a result favorable to the interests of one of the parties.
Fallout and Implications: Playoffs Amidst Controversy
As a consequence of the poor processing of the file, the TAD invalidates the FEFA's decision to punish Pioners for inadequate alignment and gives them back the win in their first match against Zaragoza Hurricanes.
And as a final consequence, this season’s playoffs will always have the shadow of the controversy, as a team that allegedly violated the competition rules fielding more import/foreigner players than allowed, finally was rewarded playing the playoffs.
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