Do FC Sion Have a Case for Getting Back into the UEFA Europa League?

Last week, Celtic were reinstated into the UEFA Europa League after a successful protest against FC Sion, which claimed the Swiss side had fielded ineligible players.

However as expected, the Swiss Cup winners have launched an appeal against the decision. So the question now is, how likely are Sion to succeed with their appeal?

Background:

2008 - FC Sion sign Egyptian international goalkeeper Essam El-Hadary without the permission of his current club Al-Ahly. This lead to FC Sion being awarded a ban from registering players in the next two transfer windows.

2009 - After an appeal from FC Sion, FIFA decides that the transfer ban should stand up to and including the 2011 summer transfer window.

Summer 2011 - FC Sion, despite FIFA's transfer ban sign five new players: Gabri, Jose Goncalves, Mario Mutsch, Billy Ketkeophomphone and Pascal Feindouno. Despite initially not being allowed to play, FC Sion (and the players themselves individually) took their case to the Civil Court in Switzerland. As a result of the verdict, the Swiss FA began to allow the players to play in the Swiss Super League.

5 Aug 2011 - FC Sion drawn against Celtic in the UEFA Europa League Playoff Round.

18 Aug 2011 - FC Sion hold Celtic to a 0-0 draw at Parkhead. Prior to the match, UEFA warned FC Sion they faced expulsion from the competition if they fielded ineligible players. Despite this warning, all five potentially ineligible players were included in the squad for the Celtic match. Two of them started, with another two coming on as substitutes. Celtic lodged an appeal following the match.

25 Aug 2011 - FC Sion win 3-1 against Celtic in Switzerland. Four of the potentially ineligible players were included in the squad, with one of them, Pascal Feindouno, scoring two goals on the night. Celtic again lodged an appeal following this match.

2 Sept 2011 - Celtic's appeals are upheld by UEFA. FC Sion are kicked out of the UEFA Europa League with Celtic being awarded 3-0 wins in both playoff ties, and thus replacing the Swiss side in the Group Stage.

5 Sept 2011 - FC Sion launch an appeal against the decision.

Do FC Sion Have A Case?:

As mentioned earlier, FC Sion were granted permission by the Civil Court in Switzerland to field the players they signed in the summer 2011 transfer window. As such, they are maintaining this verdict should have also stood in UEFA competitions.

They are also claiming that with the Swiss courts ruling in their favour, UEFA, as an organisation based in Switzerland, are not above the law and have no right to ignore this decision.

The Swiss side are proposing that the verdict is nothing more than revenge against controversial chairman Christian Constantin for his past dealings with UEFA.

FC Sion's are also suggesting that UEFA should have informed them of the problem whenever they first submitted their squad list to register their players for the competition.

So it is clear that the FC Sion do indeed have a case with some substance to it, so should Celtic fans be worried?

In this writer's opinion, no!

Problems with FC Sion's Appeal:

FC Sion were warned of the consequences of fielding ineligible players prior to their first-leg tie with Celtic. UEFA told them that if they were found guilty of playing any ineligible players, they would be expelled from the competition. Therefore, Sion can hardly claim that they were unaware of any issues with fielding any of their 2011 summer signings.

The strongest part of Sion's appeal is the fact the Swiss Civil Court has ruled in their favour and that football is not above the law. However, as was pointed out by Richard Keys on Talksport this morning, it is above the law on this occasion.

UEFA has it's own rules and regulations that must be adhered to. If a club wishes to play in a UEFA competition it must abide by these rules. Participation in UEFA competitions is by invitation, not by right.

A quick glance at the 2011-12 Regulations of the UEFA Europa League reveals a few more problems for FC Sion's appeal:

* 2.07 To be eligible to participate in the competition, a club must fulfill the following criteria:
e) it must confirm in writing that the club itself, as well as its players and officials, agree to respect the statutes, regulations, directives and decisions of UEFA.
f) it must confirm in writing that the club itself, as well as its players and officials, agree to recognise the jurisdiction of the Court of Arbitration for Sport (CAS) in Lausanne as defined in the relevant provisions of the UEFA Statutes and agree that any proceedings before the CAS concerning admission to, participation in or exclusion from the competition will be held in an expedited manner in accordance with the Code of Sports-related Arbitration of the CAS and with the directions issued by the CAS.

Evidently, in taking their protests to the Swiss Civil Courts FC Sion are failing to abide by these rules.

In summary, I would find it very surprising indeed to see FC Sion reinstated into the Europa League. It is evident that they have failed to abide by the rules laid out by UEFA with regards the competition. They knew the consequences of playing their summer signings but ignored them.

For UEFA to go back on their decision to expel Sion would show a weakness in their ability to enforce their own regulations.

Therefore, I fully expect to be cheering on the Bhoys in Madrid next Thursday, and hopefully they can put up a better performance this time around than in Switzerland!