Club wins Niculae appeal

[Scotty]

see: http://caleythistleonline.com/3087-fifas-niculae-decision-overturned

What can I say .... other than well done.

Well I guess I can be the first to eat humble pie and say I was wrong. Based on all the information released or in the media, I was firmly in the "lets just pay him, draw a line under it and move on" camp. I felt that the whole thing was dragging us through the mud. I guess the club knew how they would play it and their gamble paid off.

But does this mean it is all over now ? or can Marius appeal the appeal decision ?

[Joe DiMaggio]

What is the case it says Niculae has against the club in Inverness Sheriff Court ?? Is this on a different matter?

[starchief]

That's a weird one huh? Sounds like a complete muddying of the waters with neither side coming across as competent mind you. Still, a great result. The team can build without having to pay back money and Marius got the transfer he wanted on, no doubt, more money than most of us will ever see.

Hope that's the last of it!

[Tug]

glad its all over and done with. cant see anywhere else he would be able to take an appeal to now so hopefully thats it done and dusted. not sure what the case in inverness is over but cant see it being huge if it is still in inverness. heres hoping for a boost to the finances leading into the transfer window

[RossP]

That is fantastic news for the club. That money is a massive sum for us. Knowing that we don't have to pay it out will allow us extra funds to build on the current squad and offer extended/improved deals to existing members.

What an excellent couple of weeks/months we've had!

[caley100]

Aye, a shock for the marius team, and.. he has to cover ICT's legal costs and court costs.. ouch!

[RiG]

New contracts for Hayes and Rooney now methinks!

[Johnboy]

What is the case it says Niculae has against the club in Inverness Sheriff Court ?? Is this on a different matter?

There is a separate case, still pending, concerning Marius's 100k signing on fee, and something about (alleged) unlawful deductions from his salary.

It will be interesting to get Stevie's take on this.

Edited December 13, 2010 by Johnboy

[BornCaley]

see: http://caleythistleo...sion-overturned

But does this mean it is all over now ? or can Marius appeal the appeal decision ?

Depends on what element of law the case is under. Criminal law has multiple appeals open to you, but i guess this case is under Employment Law which is slighty different. But if Maruis instigated this as a civil case then no i dont believe he has the right to appeal the appeal decision.

[12th Man]

I was getting more concerned with the fees than the fine. I guess he will have to pay for some flights to Switzerland too.

I would say the best legal team won.

[RossP]

I would say the best legal team won.

Quite handy we have some connections with a major oil company and their legal team, perhaps...?

[ictchris]

I guess he will have to pay for some flights to Switzerland too.

Let's hope we went by helicopter!

[Georgeios]

The so called money that's put a side for this.better go in to the team then..

[stevico1]

Not much I can tell you at moment folks when I spoke to Marius this morning he hadn't been informed of the decision as yet

[Yngwie]

What is the case it says Niculae has against the club in Inverness Sheriff Court ?? Is this on a different matter?

There is a separate case, still pending, concerning Marius's 100k signing on fee, and something about (alleged) unlawful deductions from his salary.

Yes, the Swiss case was about Marius trying to claim a share of the transfer fee we received, the Inverness case is to do with his original signing on fee which was payable in 2 instalments. He wasn't paid the 2nd one because he had gone by the time it fell due for payment.

Whether or not he is entitled to it would depend on what his contract says about that scenario, but it may well be silent on the subject. I wouldn't be surprised if Marius wins this one, simply because it is an employment law case and employees tend to get the benefit of any doubt (even when they are in the wrong). He'll have to get time off work to come over for the case though.

[TSTtiger]

Let's hope this can mean we are able to put together some good deals to keep our best players for once.

Didn't see this coming but good news, what a year.

[SMEE]

.

But does this mean it is all over now ? or can Marius appeal the appeal decision ?

No doubt he can keep going, if he so wished until he finds a court that finds in his favour. Thats what hacks me off incases like this. It should be law that the first Judgement reached must stand. If not, it makes a mockery of the Judicial system

[stevico1]

There will be no appeal just spoke to Marius again ,

[DALNEIGHCALEY]

.

But does this mean it is all over now ? or can Marius appeal the appeal decision ?

No doubt he can keep going, if he so wished until he finds a court that finds in his favour. Thats what hacks me off incases like this. It should be law that the first Judgement reached must stand. If not, it makes a mockery of the Judicial system

Then Marius would have won !!!

[AJS]

Relieved that we don't have to pay, think the clubs lawyers deserve some credit for the job they have done as turning over a Fifa decision would not have been easy, congratulations to the club on this outcome, now time to do something constructive with the money we had saved to pay him.

[SMEE]

.

But does this mean it is all over now ? or can Marius appeal the appeal decision ?

No doubt he can keep going, if he so wished until he finds a court that finds in his favour. Thats what hacks me off incases like this. It should be law that the first Judgement reached must stand. If not, it makes a mockery of the Judicial system

Then Marius would have won !!!

And i stand by what i sed....if thats what the judgement was...then that is what should stand! I would assume that the only thing that has changed between the first court case and the second is those calling the shots. The facts of the case would be the same. Basically..as i see it...the second Judge or whatever is saying the first judge called it wrong. That for me...is quite disturbing!

Edited December 13, 2010 by SMEE

[Johnboy]

The club were appealing against the original judgement, which said that Marius should be awarded ?130k by ICT....

[Johnboy]

There will be no appeal just spoke to Marius again ,

Presumably because this was a Court of arbitration for sport and is the final port of call, and that when entering into arbitration both parties agree to abide by their ruling on any matter as final, therefore there is no scope for appeal.

[stevico1]

There will be no appeal just spoke to Marius again ,

Presumably because this was a Court of arbitration for sport and is the final port of call, and that when entering into arbitration both parties agree to abide by their ruling on any matter as final, therefore there is no scope for appeal.

Yes Johnboy that's correct

[BornCaley]

Now lets move on. We have a better team now who are scoring goals. Lets put this blight in our history to bed and forget about it. Lets hope its a learning curve for the board.