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[5 6 观察家报] 我们要让破坏规矩的人倾家荡产

(2007-05-06 13:13:33)
分类: 绿荫风暴
 'We'll bankrupt you'

我们要让破坏规矩的人倾家荡产


Jamie Jackson
Sunday May 6, 2007
The Observer

杰米.杰克逊
2007 5 6 周日
观察家报

West Ham's joy at moving out of the bottom three of the Premiership for the first time since December was tempered last night when it emerged that a third of the Premiership's clubs are ready to go to court and possibly bankrupt the east London club should they avoid relegation.

西汉姆12月以来首次逃离降级区的喜悦昨晚被浇了一盆冷水。有1/3的超级联赛俱乐部准备诉诸法律,这可能让这支东伦敦球队破产。

Carlos Tevez, the man at the centre of the row that threatens the Premier League's stability, scored twice as West Ham beat Bolton 3-1 at a noisy Upton Park. Furious executives from four clubs - Sheffield United, Wigan, Fulham and Charlton - told Observer Sport last night that at least two others, not directly involved in the relegation fight, could join them in pursuing a legal action over what they consider to be 'a matter of principle'.

卡洛斯.特维斯是风暴的中心,她威胁了超级联赛的稳定。他在厄普敦公园3-1击败博尔顿的比赛中梅开二度。4家球队愤怒的执行官——谢联、维根、富勒姆和查尔顿——昨晚告诉观察家报体育至少有另外两支没有直接卷入保级大战的球队将对西汉姆提出起诉。他们认为西汉姆破坏了规矩。

The clubs are fuming about a Premier League commission's decision to fine West Ham 5.5million - but not dock them points - for fielding ineligible players Tevez and Javier Mascherano, who are owned by businesses, not clubs, and for misleading all the other teams in the Premiership.

俱乐部队超级联赛仅仅对西汉姆进行550万英镑的罚款感到愤怒——没有罚分——他们违规与特维斯和马斯切拉诺签约。他们的所有者是公司而不是俱乐部。这误导了超级联赛的所有球队。

When the clubs met to discuss the issue last Friday, one course of action they considered was a legal challenge against the Premier League. But they appear to have no avenue open to them for such a move. 'They cannot appeal the decision because they weren't a party to it,' said Gerard Elias, a leading sports lawyer.

上周五这些球队在一起讨论了这个问题,他们考虑使用法律武器来对抗联赛。但是他们似乎没有强大的财政支持来进行这场诉讼。“他们不会上诉,因为他们并不是一个组织严密的机构,”顶尖的体育律师杰拉德.埃里阿斯说。

But the commission also found that West Ham had lied to League officials about the players' contracts, breaking rule B13, which states that 'each club shall behave towards each other club and League in utmost good faith'. It is this violation that allows any of the relegation-threatened clubs who believe their interests may have been damaged to sue West Ham privately. They can argue that by lying to and misleading the League, West Ham, in effect, lied to each and every rival club.

但是联赛委员会也发现西汉姆队联赛官员关于这2名球员的合约问题撒谎,这违反了B13号规定。也就是“每家俱乐部应该对其他球队和联赛最大限度的开诚布公”。这就让那些有降级危险的球队有理由相信他们的利益受到了西汉姆的损害。他们可以对谎言愤怒。特别是西汉姆,他们对每家有竞争关系的球队撒谎。

'A club might have a claim if they could establish that as a result of West Ham playing players they should not have done, the club was subsequently relegated, and if it could show as a result of that, that they have lost financially because they are in the Championship,' Elias confirmed.

“如果收到了西汉姆不诚实行为的伤害,球队就应该站出来说话。如果降级的话他们就会失去财政保障,因为冠军联赛不是超级联赛,”埃里阿斯承认。

If any club were to win an action directly against West Ham, it could spell financial doom for the London club, who already have hefty debts.

如果任何球队赢得了对西汉姆的官司,这就会导致伦敦球队的财务危机。他们已经有了沉重的债务负担。

The independent commission found West Ham guilty of agreeing contracts that allowed third parties - the businesses that own the economic rights to Tevez and Mascherano - potentially to influence club and team matters, in violation of Premier League rule U18. While the fine is the most severe punishment in the League's history, there is widespread disbelief in the game that West Ham did not have points deducted.

独立委员会发现西汉姆在合约问题上的过错让3方面——拥有特维斯和马斯切拉诺经济利益的商业机构——潜在的影响球队和俱乐部的事务,违反了超级联赛u18规定。虽然这个罚款已经是超级联赛的历史之最了,但是大家还是质疑没有对西汉姆进行罚分。

The clubs are waiting for legal advice, which should arrive by late tomorrow or early Tuesday, before launching their action. If West Ham stay up, the clubs will back a legal claim for loss of Premiership status on behalf of any club who drop into the bottom three. They could claim up to 60m according to figures released last week by the country's leading football financial analysts, Deloitte. Even if West Ham go down, the clubs say, a legal case will go ahead regardless.

几家俱乐部正在等待法律建议,明天或者周二早晨就会有结果之后他们会采取行动。如果西汉姆没有降级的话这几家球队会继续为了失去超级联赛资格诉讼。他们会提出多达6000万英镑的赔偿要求。这是著名的体育会计机构——德勤给出的数字。即便是西汉姆降级,那几家球队保级成功,法律行动仍将继续。

Last week, the Premier League's chief executive, Richard Scudamore, visited the clubs in an attempt to alleviate the situation, but met an angry response. One of the reasons given by the commission for not deducting points - despite finding West Ham guilty of dishonesty and deceit - was that the timing, so late in the season, would have meant 'West Ham would have certainly been relegated'.

上周联赛CEO理查德.斯库达莫尔访问了这几家球队以期缓和局势。但是却遭遇了愤怒的回应。委员会给出的一个没有对西汉姆扣分的原因——虽然也对西汉姆进行了处罚——联赛就要结束了,这意味着“西汉姆一定要降级”。

Scudamore was repeatedly told by the executives that this was 'nonsensical'.

斯库达莫尔很快被这几家球队的执行官告知这是“荒谬的”。

'If West Ham had been deducted 10 points in January that would have been catastrophic, too,' said a senior executive of one of the 'gang of four'. 'They would have known they were obviously going down. '

“如果西汉姆1月份被扣掉10分的话那就是灾难性的,”“四队帮”的一位高级执行官说。“他们必须知道自己必须降级。”

Dave Whelan, the Wigan chairman, said: 'There has been a large element of dishonesty here. The Premier League is in a bit of turmoil on rules, regulations and honesty.' A Fulham director, Stuart Benson, added: 'All the clubs should have their points reinstated [from games involving Tevez]. Every point lost is worth millions.'

维根主席德福.慧兰说:“西汉姆太不诚实了。超级联赛的规则、诚信体制很乱。”富勒姆执行董事斯图尔特.本森补充说:“所有的球队都应该(由于特维斯)加分。每一分都值100万。”

Sheffield United, to back their case that West Ham gained an unfair advantage over them, will point to their 1-0 defeat by West Ham on 25 November in which Tevez started. Middlesbrough, who lost 2-0 on 31 March, with Tevez scoring the second goal, are another club who could feel they have directly suffered. West Ham have won 23 points from matches in which Tevez played, more than half of their total of 38, and the value of the player to their cause cannot be overestimated. He won 84.5 per cent of fans' votes for player of the year, 17 times more than the runner-up, Bobby Zamora. The Argentine underlined his value with his performance against Bolton yesterday.

谢联由于西汉姆的不当有时受到损害,因为11月他们0-1败给西汉姆。那场比赛特维斯是首发的。米德尔斯堡3月31日也输了个0-2,特维斯打进了第2个球。他们也是觉得受到直接损害的球队。西汉姆在特维斯参加的比赛中获得了23分,这超过了他们总分数38分的一半。所以这位球员的价值不能被低估。他得到了84.5%球迷的肯定从而赢得了赛季最佳球员奖。这个得票率比第二名萨摩拉高了17倍。阿根廷人昨天又在和博尔顿的比赛中再次强调了自己的价值。

'Make no bones about it,' said Sheffield United's chairman Kevin McCabe, 'we started looking into this as soon as the announcement came. It seemed to us that the tribunal did not take into any account the effect of playing those illegal players on the other clubs in the relegation battle. It seems only to have considered a breach of the rules and not the implications. It is also very odd that there was a very clear admission that West Ham had told lies.

“毫无疑问,”谢联主席凯文.麦卡比说,“我们在公告一发布就开始检查了。对我们来说法官没有充分考虑到非法引进的特维斯给我们和其他球队在保级大战中造成的影响。西汉姆无疑是说了慌,不应该姑息他们。

'Now that one-third of the Premier League is together, it may have an effect on the League in terms of asking for a review of the decision-making process from the tribunal. That could lead to a different ruling. It seemed obtuse.

“现在1/3的超级联赛球队联合在一起,这可能对联赛有影响。我们要重新审视决定作出的流程。这可能导致不同的决定。

'West Ham have admitted that they fielded players illegally. Tevez is a brilliant player and that gives them an advantage. Hopefully Sheffield United will not be relegated, but we will support any club in whatever they might pursue.'

“西汉姆承认他们是非法引进球员。特维斯是个优秀的球员,这给了他们不公平的优势。希望谢联不会降级,但是我们会支持任何球队,不管他们出于什么压力中。”

The offending part of Tevez's contract has been changed since the offences came to light, according to a West Ham official. Mascherano, who barely played for the club, has since moved to Liverpool on a legally acceptable contract and has helped the club to the Champions League final.

根据西汉姆官方的说法,特维斯和约中的违规部分已经在曝光之后得到了修正。马斯切拉诺很少为球队出场,而且已经合法的转会去了利物浦。他帮助利物浦进入冠军杯决赛。

Another executive from the four confirmed that those above the relegation zone were considering their position. 'Clubs like Aston Villa and Middlesbrough are realising: "Hang on here, this could be us next season."'

另一位“四队帮”的执行官承认在降级区之外的球队也在考虑自己的位置。“比如维拉赫米德尔斯堡都是:“下个赛季他们可能和我们一起行动。”

Third-party ownership of players is common in South America. The agent Pini Zahavi, speaking to The Observer last November, explained how it works: 'The footballer, even if he belongs to a company or private business people, still belongs to the club, because by Fifa regulations the federative rights, the registration, belong to the club. A single person or company can own only the economic rights. If a company buys rights to a player when they sell, half or whatever share of the payment will be transferred to the owner of the economic rights.

在南非球员的3方所优势很普遍的。经纪人皮尼.扎哈维去年11月告诉观察家报:“球员们,即便是属于一家公司或者私人的,也可以属于俱乐部。因为FIFA的规则,注册权是属于俱乐部的。单独的个人或者公司可以拥有经济权益。如果公司买下了球员的权益,他们可以得到球员转会费的分成。

'It's easier to buy a player who you are unsure about for 10million if you are sharing the risk with a partner. If the player becomes top-drawer and is sold for 30million, then you may feel stupid only to own half. But if the player turns out to be merely average or a failure, if he cannot even be sold, you will say: "Fantastic. The disaster was not only mine." '

“如果有另一家机构愿意帮你分担的话,1000晚的转会份可能更容易拿得出来。如果球员们成为了顶级球星,并卖到了3000万镑的价格,你就会感到支拥有一半的权益是愚蠢的。但是如果球员没有打出水平,买不出去了。你就会说“幸亏有人帮我分担。””

The commission, in its deliberations on Tevez and Mascherano, stated that such contracts were not only contrary to Premier League regulations, but unenforceable in law because they were 'invalid as being in restraint of trade'.

委员会考虑特维斯和马斯切拉诺的引进不仅违反了联赛的规则,也违反了法律。因为他们没有遵照法律。

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