Article 7 Decision-making bodies - Club Licensing

7.01

The decision-making bodies are the First Instance Body and the Appeals Body and they must be independent of each other.

7.02

The First Instance Body decides on whether a licence should be granted to an applicant on the basis of the documents provided by the submission deadline set by the licensor and on whether a licence should be withdrawn.

7.03

The Appeals Body decides on appeals submitted in writing and makes a final decision on whether a licence should be granted or withdrawn.

7.04

Appeals may only be lodged by:

1. a licence applicant who received a refusal from the First Instance Body;

2. a licensee whose licence has been withdrawn by the First Instance Body; or

3. the licensing manager on behalf of the licensor.

7.05

The Appeals Body makes its decision based on the decision of the First Instance Body and all the evidence provided by the appellant with its written request for appeal and by the set deadline.

7.06

If a UEFA member association has an arbitration tribunal specified in its statutes, this court decides whether the club licensing system comes under its authority. In this respect, particular attention must be paid to the relevant deadlines for entering the UEFA club competitions.

7.07

Members of the decision-making bodies are elected or appointed in accordance with the UEFA member association statutes and must:

1. act impartially in the discharge of their duties;

2. abstain if there is any doubt as to their independence from the licence applicant or if there is a conflict of interest. In this connection, the independence of a member may not be guaranteed if he/she or any member of his/her family (spouse, child, parent or sibling) is a member, shareholder, business partner, sponsor or consultant of the licence applicant;

3. not act simultaneously as licensing manager or member of licensing administration;

4. not belong simultaneously to a judicial statutory body of the licensor;

5. not belong simultaneously to the executive body of the UEFA member association or its affiliated league;

6. not belong simultaneously to the personnel of an affiliated club;

7. include at least one qualified lawyer and one qualified financial expert holding a qualification recognised by the appropriate national professional body.

7.08

The quorum of the decision-making bodies must be at least three members. In case of a tie, the chair has the casting vote.

7.09

The decision-making bodies must operate according to procedural rules – to be defined by the licensor – that, as a minimum, must regulate the following standards:

1. Deadlines (e.g. submission deadline, etc.)

2. Safeguards of the principle of equal treatment

3. Representation (e.g. legal representation, etc.)

4. The right to be heard (e.g. convocation, hearing)

5. Official language (if applicable)

6. Time limit for requests (e.g. calculation, compliance, interruption, extension)

7. Time limit for appeal

8. Effects of appeal (e.g. no delaying effect)

9. Type of evidence requested

10. Burden of proof (e.g. licence applicant has burden of proof)

11. Decision (e.g. in writing with reasoning, etc.)

12. Grounds for complaints

13. Content and form of pleading

14. Deliberation/hearings

15. Cost of procedure/administrative fee/deposit