Precautionary measures against the agreement between LaLiga and CVC rejected

First great victory for Javier Tebas in his legal battle on account of the agreement between LaLiga and the CVC investment fund. The Court of First Instance No. 15 of Madrid has denied the adoption of precautionary measures requested by Athletic, Barcelona and Real Madrid against LaLiga Impulso.

The three previous clubs demanded 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 acts of execution 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.

The court order concludes that it is inadmissible to suspend the agreements and their effects, and considers that “it must be taken into account that the intended suspension measure would suppose the paralysis of effects already initiated or executed”, with which LaLiga defends that progress will be made “further of 20 years in terms of infrastructure, technology, internationalization or attraction of talent, among other projects”, thanks to the injection of a total of 1,994 million euros.

In addition, it is recalled that the agreements were approved with the favorable vote of 38 of the 42 First and Second Division clubs and that the situation does not financially affect the clubs requesting the measure. Thus, according to the order, 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 is not necessary to ensure effective judicial protection, and recalls the need to exercise extreme caution in the decision to adopt this type of measure. The judge considers that in this case, the risk alleged by the three clubs blurs the purpose of the precautionary guardianship. 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.

LaLiga’s agreement with the CVC Capital Partners fund stipulates that the clubs will receive a credit line of 1,994 million to be repaid at low interest over 40 years in exchange for 9% of LaLiga’s profits over the next 50 years.