Soccer Fans Network Forums - Napoli Forced To Descend Of Division??

Quote:

Originally Posted by CmbLFC

yes but from what i have heard according to UEFA.com, is that Napoli folded. Another Napoli team took the place of SSC Napoli. The new team is called Napoli Soccer 2004. Which im sure in Italy its called Calcio Napoli 04. This is my guess, but i can find nothing about it. SSC Napoli's site i think just says they were terminated.

NAPOLI SOCCER - CALCIO NAPOLI

Film producer De Laurentis takes over Napoli
Sunday 5 September, 2004
The chaotic situation at Napoli could be at an end, as the club has been auctioned off to film mogul Aurelio De Laurentis. The former Scudetto winners were declared bankrupt in July and told to start again from Serie C1, but Luciano Gaucci embarked on a legal battle to keep the side in the second division.
However, earlier this week the Naples Tribunal ' which had originally halted all League and Coppa Italia games until Napoli were reintroduced ' conceded it did not have jurisdiction over sport and passed the decision over to the Lazio TAR.
It now seems that even that will not be necessary, as the bankruptcy tribunal has taken the control of the club away from Gaucci and handed it over to De Laurentiis.
The movie mogul has offered a more substantial recovery package to take care of Napoli, providing greater investment and guarantees for creditors than Gaucci could have put forward, and is willing to start from Serie C1.
With this in mind, the FIGC has granted Napoli an extra 10 days to sign new players and Coaching staff, as the transfer window has technically closed.
De Laurentiis has already hinted that he would like to bring in former Livorno and Genoa boss Roberto Donadoni as their new tactician.
'Give me five years,' assured the new patron, 'and I will take Napoli into Europe. My dream is to see Manchester United play at the Stadio San Paolo. First of all we need to put together competent staff and a game plan that we can hand-pick players to fulfil.'

--------

Napoli lose legal battle (Channel 4)
Wednesday 1 September, 2004
Luciano Gaucci could lose control of Napoli after the Tribunal released its lock on the Serie B fixture list.
The Naples Tribunal had originally ordered that all League and Coppa Italia games that did not include Napoli were to be suspended, as the club fought against bankruptcy proceedings.
However, on Tuesday evening arbitrator Antonio Mungo ruled that they had no jurisdiction over sport, as the law passed on August 19 2003 made it clear that only the Lazio TAR could make decisions on football.
This Tribunal will look at the matter on September 6, just a week before the Serie B season is set to kick off, but it is looking increasingly unlikely that Napoli will make it back into the Second Division.
'The FIGC,' read an official statement, 'are ready to continue negotiations with the bankruptcy tribunal and the local council to find a solution that will allow Napoli to register for Serie C1.'
'We have always maintained the jurisdiction was an insurmountable problem and our only worry is that it cost Napoli fans a month of time better spent preparing a new team.' This is particularly bad news for Gaucci, who risks losing control of the club as film producer Aurelio De Laurentis has already offered a more substantial package to start again from C1.
'The fans should relax,' assured De Laurentis' lawyer Cipriani Marinielli, 'because playing in Serie C would only be a necessary stepping stone to Serie A. De Laurentis is a strong man who does things properly when he puts his mind to them. We want to earn our place in Serie B, not win it through a legal loophole.'
Ex-Perugia patron Gaucci is not going to let go of this dream without a fight and took it out on the council.
'I am very bitter about what has happened. The only thing I can say is that Naples sold its right to Serie B and didn't do everything it could to stay up.'
It is highly unlikely that the Lazio TAR will accept Napoli's proposal to stay in Serie B after its bankruptcy, but Gaucci won't release his grip.
'It isn't over,' he warned, 'as at least I can have the satisfaction of putting a spanner in the works for those who planned to have Napoli demoted into Serie C and those who helped the powers that be in this quest.'

----

Final decision: Napoli not admitted to Serie B; what now ?

AUTOMATIC TRANSLATIONS
Sorry for the poor quality, elio

NAPLES IS OUT From the B SERIES
The judge of the sixth week section of the Civil court of Naples, Antonio Mungo, called to pronounce itself on the provisions adopts you from the same partenopeo Court on the block of the championship of B series and sull'appartenenza of the title sport it of Naples soccer, has detected a defect of jurisdiction in both cases, having sent back the issue to the Tar of the Lazio. Francesca Rinaldi, lawyer of the Figc, has rilasciato some declarations to "Napoli Magazine": "Il judge Mungo has recognized the defect of jurisdiction of the Court of Naples. The competence passes to the Tar of the Lazio. E' revocato state the provision of August of Posteraro. The next steps of the Figc' I cannot make other declarations for the Figc but in this moment Naples is outside from the championship of B" series;. Also it cures it to you bankrupt has expressed the own position, after the decision of Mungo, through the declarations dell'avv. Of Nola, the legal study Fimman' to Naples Magazine: "Dalla reading of the device the judge Mungo has recognized the defect of jurisdiction of the Court of Naples. Have been revoca you all the provisions in audita alter part. This provision is reclamabile from part of cures it to you and will decide if to take provisions. Fimman'and Contieri will decide if to protest less or. The times' Task that the bankrupt court determiner'quot;.
Antonio Petrazzuolo

NAPOLI SOCCER: TIFOSI, "VERGOGNATEVI, VERGOGNATEVI"
31/8/2004 - Tifosi of Napoli, who have followed with manifestations in front of the court the audiences that regarded the fates of their square of the heart, have received the decree of the judge Mungo with a chorus "vergognate to you, vergognate to you". When they have learned the news before have gathered small group and, then, compattati, they have begun of new to inveire and screaming slogan heavy to the address of the president of the Frank Figc Carraro and the same Federation. With the decision odierna, of fact, theoretically the championship of B series and the Italy Goblet can continue regularly if not they will be resorted to the Tar of the Lazio. At the moment Naples would have to go to occupy that inserted case with the X from the Figc in the calendar of C1 series.

FIGC: ' NAPOLI STILL HAS THE POSSIBILITY OF PLAYING IN THE C1 SERIES ''
31/8/2004 - Napoli still has the possibilita' of having one square in C1 series. Ago to know the Figc that after it it pronounces of the Court of the of campania capoluogo, that has sent back to the Tar of the every Lazio decision to care, ribadisce ' ' the disponibilita' to continue to collaborate with Cures it to you bankrupt and with the local institutions in order to find a solution that square of Naples to the championship of C1 series concurs to enroll one ' '. The federcalcio it emphasizes that ' ' the least time to the disposition e', but working concretely and seriously the objective puo' to be without doubt conseguito' '.

NAPLES SOCCER: BURSTS PROTEST, GAUCCI LEAVES'
31/8/2004 - Deep disappointment in Naples after that the Court has decreed the passage of competences approximately the riammissione of Naples in B to the Tar of the Lazio. In practical, for the tifosi and who as Gaucci had fought against the demotion, the end of the dream seems discounted. ' they are disappointed, a lot disappointed, perche' I have always said that Naples had to defend the B with all the crismi, instead Naples has defended the C having made the volonta' of the masters - it has said the vulcanico patron of the Perugia - Sin, I had become attached to this citta' and its tifosi'. It seems therefore a goodbye, this. Gaucci does not hide its disappointment, and adds: ' there are small citta' that they defend the title it with the teeth like the Aquila and Viterbo. Second Naples me has not made. I have given all same me for the B, others probably if they are sold it. But like it makes in citta' as a Naples not to defend a title acquired it on the field' To Catania all have defended the title it, also politics, to Naples e' be thus, and to think that the cause of Naples was piu' just and linear of that one of the Catania'. ' We will make resorted to the Tar - it continues - only for one justice issue. But even if we will have reason will not give the titolo' to us. The perspective of the C1, to this point the probable hypothesis piu', does not interest to Gaucci. ' Me vergognerei to guide Naples in C1. If you had intentional I could it have taken for 7 million with Lodo Petrucci, but me I did not feel to guide Naples in C1 '. Also the tifosi have reacted, to way they. A group of blue supporters, to edge of ciclomotori and motorcycles, has caught up the railway station centers them where e' moved hour the protest. The tifosi are enter to you in station with the small engines and they have then parks them you to the inside of the port of call, heading towards the railroads. Some supporter of Naples have therefore blocked a eurostar directed to Milan, inviting the passengers to come down. -

DELAYED TO FRIDAY 3 SEPTEMBER The SITTING Of The FEDERAL COUNCIL Of the FEDERCALCIO
31/8/2004 - The sitting of the federal Council of the previewed Federcalcio in order tomorrow e' be sent back to venerdi' 3 september, with beginning to the 13. To render it e' the same Federation famous, than in a famous one it emphasizes as the decision has been taken "in coherence with the flood disponibilita' of the Figc to collaborate with Cures it to you bankrupt and with the Neapolitan institutions perche' within venerdi' one is found concrete solution for the registration of one square of Naples to the next championship of C1 series".

CASE THE 6 EXAMINED NAPLES SARA' SEPTEMBER FROM THE TAR OF THE LAZIO
31/8/2004 - The relative issue to Naples Soccer sara' examined from the Tar of the Lazio next the 6 september: it has said, leaving the center of the court of Naples, Francisco Fimmano', adviser of cures it to you bankrupt of the failed Ssc Naples. Trattera' of an extraordinary audience in the course of which the judges of the third section, presided from Vito Carella, will examine four resources altogether, two of which have in object the fate of the Neapolitan square. In the first case, the same one cures it bankrupt of the sport society Naples Soccer to you has made rerun against the cancellation of the admission of the society the championship of series B. Avendo 26 past August cures it to you bankrupt rinunciato to the urgency provision, the resource sara' now discussed only with reference to the merit issues. The 6 september the judges trained to you will discuss also the resource introduced from the Blue society Naples Soccer spa, presided from Luis Vinicio, against the suspension of the procedure for the attribution of the title sport it of the sport society Naples Soccer for the registration to the next championship of C1 series. Blue Naples Soccer, second the leaders, have requirement for the registration in C1 through the formula of Lodo Petrucci.

SOCCER: IN 34 PAGES the LEGAL DECISION THAT HAS PREVENTED to NAPOLI The B SERIES
31/8/2004 - Trentaquattro pages in order to explain with legal reasonings perche' Naples puo' not to be enrolled in B from the partenopeo civil court and perche' instead the exclusive competence to decide on every controversy tied to the affiliation of a sport society to samples to you is up to the organ of administrative justice of the Tar of the Lazio. The system of the decree of the judge Antonio Mungo that revoca the provisions on the block of the B and the inhibition to the Figc to arrange of the title sport it of Naples soccer, e' founded on the law by decree 19 August 2003 number 220, so-called ' the decree salvacalcio' that to article 2 it reserves to the sport ordering the discipline of the issues having to object between the other things the admission and the affiliation to the federations of society, associations sport and of single tesserati, nonche' the agonistiche organization and the development of attivita' the not programmed and admission to same of the squares and the athletes, establishing that ' ' exausted the degrees of the sport and firm justice remaining the jurisdiction of the ordinary judge associations and athletes, every other controversy having to object actions of the Italian National Olympic Committee or the federations sport not classified to the organs of justice of the sport ordering was devolven to the exclusive jurisdiction of the administrative judge (characterized for law as far as the competence of first degree in the Tar of the Lazio, also in relation to the emanation of the cautelari measures). A formulation ribadita recently - it remembers Mungo - from the Council of State with one sentence (number 5025 of the 2 July 2004) and from the Cassation (sentence 5775 of 2004). ' ' Therefore - it explains Mungo - it appears enough simple to conclude that said issues they are embezzled to the jurisdiction of the ordinary judge, for being devolven to that exclusive right of general character assigned to the administrative judge. From the moment that the jurisdiction of the ordinary judge e' previewed from art.3 for the single patrimonial relationships between society, associations and athletes, seems that the relative issues to the admission and the affiliation to the federations of sport society and associations obvious, not possone that to re-enter nelal general exclusive jurisdiction of the judge amministrativo' '. The illegittimita' of the actions it adopts you from its here connects dle partenopeo court ' '... the legittimita' of the actions adopts to you in this matter, not puo' that to be sindacata by means of impugnativa innanzi to the Tar of the Lazio' '. ' ' the forced insertion of the square of Naples - law in a passage of the decree of the judge Mungo - in mentions calendars to you of the competitions sport would be equivalent, to opinion of this judging, one pronounces judicial constituent with which autorita' the judicial ordinary would end in order to take control powers trained to you being up to the competent federal organs (previo reply very determines to you presupposed, it does not limit you to the single existence of the title sport it) is pure to exercise under the control impugnatorio (and eventulamente risarciatorio/ripristinatorio) of the judge amministrativo' '. Finally from the judge one stop to the demand for cures it and Gaucci to you to transmit the actions in power of attorney: ' ' the fact elements that have been evidence to you in the report of audience of 28 August 2004 do not justify the asked admission for the actions the proxy of the Repubblica' '.

Napoli summit creates new avenue
The fate of Napoli remains in the balance following a summit meeting between the courts and the FIGC, while new buyers come forward.
Luciano Gaucci is determined to keep the now bankrupt club in Serie B, while the Italian FA insists that the rules of the game must see them start again in Serie C1.
Now it's reported the FIGC is ready to adjust the terms of the Lodo Petrucci rule, allowing potential investors to bid for the bankrupt club, with the proposal most likely to guarantee money to its creditors winning the auction.
'The FIGC has moved towards us on some aspects,' confirmed Tribunal judge Vito Frallicciardi, 'but remains adamant that they must play in C1. We are all just trying to avoid a courtroom clash.'
Today's summit in the city included FIGC President Franco Carraro ' whose car was attacked and pelted with eggs by angry fans ' representatives of the bankruptcy tribunal and Mayor of Naples Rosa Russo Iervolino.
'We are trying to pave the way for open negotiations, especially as time is running out,' continued the bankruptcy tribunal official. 'Everyone is looking for a meeting point, although it is difficult to find a balance between our positions.'
Meanwhile, the Serie C1 fixtures have been drawn up with an 'x' in the Girone B section where Napoli can still be introduced. If they fail to accept the Lodo Petrucci route, then Andria will take that slot.
Former Perugia President Luciano Gaucci is refusing to accept a drop down in the divisions, but his hold on Napoli is increasingly tenuous. It emerged that the bankruptcy tribunal has not completed its paperwork to sell the side to Gaucci, so new buyers are welcome to make their offers.

Strangely enough, after the Bankrupt of the SOCIETA' SPORTIVA CALCIO NAPOLI, and despite the confusion and the legal battles, between Gaucci, other groups who arwe interested in recycle the NAPOLI SOCCER CLUB and the Italian Bond, there is still the possibility that our TEAM
will play, possibly in Serie B or in serie C1.

Therefor a group of 25 players is starting the training.
There are some former Napoli players:
Bernini, Marcolin, Brivio, Floro Flores, Gennaro Esposito, Platone e Montesanto.
Some new players coming from Catania and Perugia:
Kalac, Fusani, Stendardo, Mascara
More players, such as Bjelanovic e Moscardi could arrive soon. The rest of the players will come from the young team.

Gaucci faces Napoli competition - Friday 13 August, 2004
Luciano Gaucci announces more legal action to keep Napoli in Serie B, but two other clubs could replace them in the third division.
The FIGC ignored a ruling by the Naples Tribunal demanding that the bankrupt club be restored to Serie B and drew up the fixture list with Bari and Pescara promoted in place of Napoli and Ancona.
'I expected that decision,' mused Gaucci, 'but it's not over yet. There is a ruling from the civil courts and we will have our place in Serie B.'
FIGC President Franco Carraro explained the move by stating, 'We have full respect for the Naples tribunal, but this is a sporting matter and must therefore be dealt with within the rules of football. Last year it was also confirmed by the Government that the only civil court clubs could appeal to was the TAR in Lazio.'
A gap has been left in the Serie C1 calendar should Napoli wish to register for the Lodo Petrucci ' starting again in a lower division ' before September 1.
However, this is where the developments of the last few days could leave Gaucci in the lurch. The Perugia patron has refused to register for the Lodo Petrucci, but two other clubs have applied to take Napoli's slot.
The first to make an official application is the 'Azzurra Calcio Napoli spa' owned by former player Luis Vinicio. It is his plan to set up a club that can be owned by the fans, each buying a small number of shares, rather than by one patron.
The other side vying to start from Serie C1 is owned by Siena President Paolo De Luca. A native Neapolitan, the businessman has made quite an impact on the Italian football scene by taking little Siena to their first ever top flight experience within a year of taking over.
'It was obvious that Gaucci's appeal would be rejected,' said De Luca. 'I am doing everything I can to save football in this city that I dearly love. Now I can only pray that everyone shows some common sense.'
Meanwhile, Bari and Pescara are not the only clubs to be 'promoted' due to the financial difficulties of others. Prato and Pavia have been brought back to Serie C1, while Pro Vercelli, Vigor Lamezia, Montevarchi, Calcio Potenza, Imolese, Castel di Sangro, Sanremese, Bellaria and Palazzolo are in C2.
Como's appeal to the CONI arbitration committee has been accepted, so they retain their spot in Serie C1.
Ancona and Viterbese are pushed down to the amateur divisions after failing to prove their financial status even for the Lodo Petrucci.

Napoli excluded from Serie B
Thursday 12 August, 2004
Despite winning an appeal in the civil courts, the FIGC has excluded Napoli and Ancona from today's Serie B calendars, promoting Pescara and Bari.
"The rules are clearly written and there was no other way," revealed League President Adriano Galliani.
Although Ancona have accepted their position ' bankrupt and without the necessary guarantees to register for the Lodo Petrucci, they will start again in the amateur divisions ' Napoli are fighting tooth and nail to retain their place.
Patron Luciano Gaucci won an appeal to the Naples Tribunal this week, stating that the Lodo Petrucci is illegal, as the Serie B status of a club is to be considered an asset that cannot be taken away from them.
However, the FIGC is sticking to its guns and after today's meeting drew up the calendars for Serie A and B.
Recently relegated Bari and Pescara were drafted in to fill in the blanks, while the Serie C1 calendar will contain an 'x' to give Napoli the opportunity to register for the Lodo Petrucci before September 1. Pavia have been promoted to Serie C1.
Gaucci has already stated he will not take this avenue, so if his legal battle fails then Napoli will be forced to start again in the amateur Leagues.
This is certainly not a new scenario for the Perugia patron, as he also waged a legal war against the FIGC last summer. The calendars had already been drawn up when his appeals to the civil courts ordered them to be scrapped and Serie B was eventually expanded to 24 teams to accommodate his club Catania.

Napoli declared bankrupt
Monday 2 August, 2004
Societa Sportiva Calcio Napoli have been declared bankrupt, so now four different companies are vying to start again with a new club and title in Serie C1.
The bankruptcy tribunal has not yet made the news official, but sources inside the courts claim the decision to liquidate the club is now inevitable.
'Right now I am especially sorry for Salvatore Naldi,' potential owner Luciano Gaucci said of the former President. 'He put so much money into this experience and really did everything he could to salvage Napoli.'
The Serie B side has been at the centre of bitter legal wrangling between former owners Naldi and Giorgio Corbelli for over two years now, leading to the collapse of one of Italy's most widely supported clubs.
In the 78 years since its inception, Napoli had won two Serie A titles, a UEFA Cup, Italian Supercup and three Coppa Italia's, almost all of them during the Golden Years of Diego Armando Maradona.
Gaucci had hoped to 'rent' SS Napoli in order to get round the rules preventing one man from owning two clubs in the same division ' as he is still patron of recently relegated Perugia ' but the FA and the Appeals Tribunal both rejected this proposal.
'Now we need to see what the bankruptcy tribunal actually stated on our case and our next appeal to the CONI arbitration committee.'
All is not lost for Napoli fans, as it is likely a new club will be allowed to start again in Serie C1 for the 2004-05 campaign. The so-called Lodo Petrucci rule gives businessmen the chance to buy into their slot to ensure football is not lost to the big cities.
So far four applications have been received to start a new club in Naples. Gaucci has already set up Napoli Sportiva, having bought out Naldi for '31m, while current Siena President Paolo De Luca has created Napoli F.C. with the promise of loaned players from Juventus and Palermo.
Other options are Azzurra Napoli, run by Luis Vinicio with the objective of selling shares to the supporters in small amounts, and Napoli Sport for a group of businessmen from nearby Nola.
By Tuesday afternoon each of these potential clubs must provide guarantees for a total of '5m to prove their stability for a season in Serie C1. The decision on which will be given the go-ahead will be made on August 4.