Spanish Justice gave impetus to Euroleague basketball by recognizing the independence of the ACB to decide its relationship with the exclusive European competition established by nine teams, including FC Barcelona, ​​Real Madrid and Baskonia. National CourtHE Ha He condemned the Supreme Sports Council (ÇSD) thus rejecting the public institution of which he is currently the chairman, for the crime of “assuming the authority to annul the agreement adopted by the assembly of a private legal person”. Jose Manuel Franco Mediating the conflict between the International Basketball Federation (FIBA) and the ACB and the Euroleague.

This decision at the end of January 2023, which El Periódico de España from the Prensa Ibérica group has access to and still has appeal before the Supreme Court, cannot be “cancelled” by the Government on April 4, 2016, with regard to their club’s relationship with the Euroleague.

In that plenary session, different teams opened the door. ACB clubs “can participate in competitions indefinitely” organized by FIBA”, e.g. Association of Europe’s strongest clubs that founded the Champions League “or ECA” Euroleague and Eurocup.

But Spanish ACB clubs agreed that day. They would accept the Euroleague offer with the best position in the ACB outside of Real Madrid, Barcelona or Baskonia., take part in the competition, as these already have a guaranteed place. In addition, three more places with direct access to the second continental competition, the Eurocup, are guaranteed.

FIBA threats

These decisions, taken seven years ago on April 4, were directly rejected by FIBA, the institution that governs international basketball competitions, and only three weeks later, faced with threats, the Spanish Basketball Federation sent a letter to CSD. between The possibility of FIBA ​​removing the Spanish basketball team from the European championship If this deal between ACB clubs continues, it would be done in 2017.

The threat, which came to fruition nearly a month later, was finally in vain when FIBA ​​withdrew its sanction on the grounds that it had “responded appropriately” to the 16 Euroleague federations. Taking the risk of being excluded from the Rio de Janeiro Olympics that same summer, Spain won bronze medals in both competitions.

Justice scolds CSD

To arrive at this “appropriate” answer, and here the Justice reprimands the public body, CSD decided to “attribute” “mediator work” By determining that “from the standpoint of a professional league the ACB is integrated into the FEB and thus into the Spanish federative system and therefore must abide by and abide by the rules governing the Spanish sports system”.

In this way, the Supreme Sports Council considered that the ACB “could not organize international competitions of an official nature, therefore it is not suitable through it”. such as terminated agreementsDecisions were made on April 4, 2016 that “prevent or endanger the Spanish basketball team”.

However, the National Court Didn’t want to evaluate Euroleague As a project in its own right, he criticized CSD for ascribing “the power to cancel not only an agreement, pact or contract, but also the agreement passed by the assembly of a private body at the request of a sport”. federation”.

The Court recalls that the ACB has its own legal personality and that the decision taken at this plenary session is “acceptance of the proposals of another sports federation” and that this “must take place in the relevant agreement or contract between both”.

In addition, the Sixth Chamber of the Contested-Administrative Division points out that the reason for the Spanish Basketball Federation’s request for intervention from the Supreme Sports Council should not be “heard of”. FIBA threat The removal of the Spanish National Team from international competitions and this “will not be very compatible with the guarantees and principles of our criminal law”.