The aforementioned clubs requested the preventive suspension of the agreements adopted by the Extraordinary General Assembly of LaLiga, held on December 10, and the removal of the effects of implementing acts referring to said agreements on the LaLiga Impulso Project. It should be remembered that last month the very precautionary measures requested with this same intention were already dismissed.
This precautionary measure was intended to paralyze a key project for the LaLiga clubs as a whole, endorsed by the vast majority of the clubs, who see in it the possibility of advancing more than 20 years in terms of infrastructure, technology, internationalization or attraction of talent, among other projects.
The order of the Court concludes the inadmissibility of suspending the agreements and their effects, and considers that “it must be taken into account that the proposed suspension measure would suppose the paralysis of effects already initiated or executed”. What’s more, it is recalled that the agreements were approved with votes in favor of 38 of the 42 clubs and that the situation does not affect financially the clubs that request the measure. So, depending on the car, the adoption of this measure would superimpose the criterion of a minority against the election carried out and consented to by the majority.
The Court considers that the requested measure It’s not necesary to ensure effective judicial protection, and reminds of the need to exercise caution in the decision to adopt this type of measure. In this case, the risk alleged by the three clubs blurs the end of the precautionary protection. The requested suspension would only entail the blocking of what has already been executed, as the acts derived from the LaLiga Impulso agreements have taken effect. This is also taking into account that when it comes to social actions, the principle of minimal interference must prevail until the final decision.
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