The EHF Court of Handball has reached a decision in the case concerning the withdrawal of Union Mios Bigano-Begles from participating in the 2015/16 Women’s EHF Cup.
In July, the club had registered to participate and been drawn to play the 3rd Round of the competition against the Norwegian club Tertnes Bergen. However, the EHF was officially informed in August by the French National Federation that following legal proceedings opened due to financial reasons, the club had been suspended from participating. It was argued in substance that such a penalty taken within the framework of the French legal system did not constitute a withdrawal.
Yet, the EHF Court of Handball rules that “contrary to the arguments of the Club and the Federation, the fact that the non‐participation results from the outcome of legal proceedings undertaken within the French legal system does not exonerate the Club from the obligation to take part in the Competition they had registered for. A withdrawal is regarded as constituted regardless the cause, unless a case of force majeure may be proven. In the present case, the outcome of legal proceedings shall not constitute any case of force majeure. Furthermore, the EHF Court of Handball underlines that at no time did the Club inform the EHF on the existence of a legal procedure with regards to their financial situation.”
Hence, according to Article C.2 of the EHF List of Penalties, the club shall pay a fine of €15,000 and is suspended from entering any EHF club competition until 30 June 2017.
An appeal may be filed with the EHF Court of Appeal within 7 days.