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The rationale for the rejection of AEK’s appeal: “It had been definitively decided…”

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The reasoning on the basis of which the appeal made by AEK for the luck of the match with Fearless after her appeal was rejected by the Super League’s disciplinary body. The decision, which is analyzed in about ten pages, essentially states that the essence of the case had been decided definitively in the first instance and beyond dispute, with the consequence that the side of the “Union” has no legal interest. In practice, that is, the Appeals Committee did not consider the merits of the case and adopted the decision of the first degree considering that it is not disputed.

It is recalled that the first instance decision was based on the fact that Atromitos was not responsible for the state of the field, since it is a municipal one, so it ordered that the match be held normally. This is essentially where the reasoning of the Appeals Committee is based, which ruled that AEK had no right of appeal. The “Union” side, we remind you, has the right to appeal to the International Court of Sports (CAS), however, in any case, the match in Peristeri was set for next Wednesday (17:30).

Specifically, in the reasoning of the decision it is stated: “AEK, rival of the home team ATROMITOS, submitted an objection from 5.2.2023, highlighting the irregularity of the stadium, for the reasons mentioned therein. The referee, upon accepting the objection, characterized the pitch as illegal and decided not to play the match, while the match sheet drawn up from 5.2.2023 was forwarded to SUPER LEAGUE in order for it, following the application of the legal procedure, to investigate the conditions of the above disciplinary offense and in case of guilt of the accused to impose the prescribed disciplinary penalties.

The above judgment, not contested even by P.A.E. ATROMITOS with a relevant objection before the competent Disciplinary Committee, is an issue which, as was accepted by the appealed decision, had been definitively decided. Therefore and in view of what was accepted in

main consideration, the second objection from 6.2.2023 of the already appealing P.A.E. A.E.K. before the Single-Member Disciplinary Body, seeking to bring back to judgment an issue that had been definitively resolved and indeed with the recognition of a right in its favor, was brought without legal interest and was therefore rejected.

After all, even if the objection in question wanted to be considered as an additional intervention in favor of the validity of the referee’s decision regarding the irregularity of the pitch, it is unacceptable, in view of the fact that, as mentioned, before the Disciplinary Body this issue is not introduced as undisputed by the injured home team club. For the same reason, it is not possible to consider the petition in question as an additional plea to the original one».

The rationale for rejecting AEK's appeal

The rationale for rejecting AEK's appeal

The rationale for rejecting AEK's appeal

The rationale for rejecting AEK's appeal

The rationale for rejecting AEK's appeal

The rationale for rejecting AEK's appeal

The rationale for rejecting AEK's appeal

The rationale for rejecting AEK's appeal

Source: Sport Fm

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