The reply of Thebes to the communiqué of Barça, Madrid and Athletic

The FC Barcelona, Real Madrid and Athletic of Bilbao surprised this Tuesday when making public a comunicado group on the 'Project Sotenible', headed to the other clubs of LaLiga, to try go back to pose the alternative to the project of finance that proposes the patronal and his president, Javier Thebes, together with LaLiga Impulse.

In them, the mentioned entities have loaded against LaLiga and his president after a letter reemitida by the own Thebes. Minutes after the conjoint writing of the only entities of the first division that are not SA, by means of Thebes, LaLiga has gone back to answer to the misiva with a new letter, where remembers the advantages of his project and stands out that the reemitida by the clubs, only treats to "generate the next uncertainty and confusion to achieve, anyway, that LaLiga Impulse do not go out advance".

Likewise, the mentioned regulatory body has been emphatic in his explanation on the form of aproyar the project that they pose: "it does not treat , in way any, of an exclusive project of LaLiga. As it is evident, this project only Ilevará to cape if it approves it the General Assembly by a wide majority and will have the individual consent of all and each one of the clubs participants. It treats , in definite and as it can not be of another way, of a conjoint project of LaLiga and the clubs".

The whole answer of Javier Thebes

In front of the new letter that have received remitted by the Real Madrid CF and signed by Athletic Club and FC Barcelona, little more can stand out since they repeat the same arguments with "the only intention to generate the next uncertainty and confusion to achieve, anyway, that LaLiga Impulse do not go out advance". This is the letter ntegra of Javier Thebes after the communiqué of Barça, Madrid and Athletic of Bilbao.

In the financial plane, already come giving the pertinent explanations, since it presents numerous mistakes with the aim to confuse, but fits to remember:

- It is not directly comparable because this is an operation of debt and, therefore, demands guarantees (as it indicates the presentation) and the Plan Promote is an operation of equity (capital) and, therefore, the investor runs the risk of the business, go well or go badly, without guarantees of return of the main.

-In reality, the structure posed by the Real Madrid, turns around a finance "super senior", that receives a preferential right on the clubs since it accesses to the first euros generated by the commercialisation of the audiovisual rights. It does not assume neither risk of business neither, in practical terms, financial risk. This bumps frontalmente with the structure of current finance of the clubs.

-This operation therefore is not possible for many of the clubs that never could use the finance to do develop his project, and even less to allocate these bottoms to grow like club.

-The operation LaLiga Impulse is a strategic operation with a partner to grow to future, no a mere finance as it poses the alternative project.

With regard to the juridical considerations, go back to remit us to the assessment of the experts of Uria whose reports already send you and that explain also with the consultancy of Latham & Watkins for CVC but want to add that the Project The League Promote is fully compatible with the faculties that award to The League the Law of the Sport and the Royal decree-law 5/2015. As they have declared reiteradamente the courts the purpose of the Royal decree-law 5/2015 is that the model of conjoint negotiation can carry out and so that it can obtain the greater possible performance of the rights of which are headlines the clubs, what demands a wide margin of freedom of performance to the organiser. That is, precisely, the aim of the Project The League Promote.

It does not treat , in way any, of an exclusive project of The League. As it is evident, this project only Ilevará to cape if it approves it the General Assembly by a wide majority and will have the individual consent of all and each one of the clubs participants. It treats , in definite and as it can not be of another way, of a conjoint project of The League and the clubs.

Besides, it is essential to stand out the following on the capital invested by CVC in the plan Promote:

-The capital does arrive to the clubs in shape of participatory loan regulated by the article 20 of the Royal decree-law 7/1996, of 7 June, that foresees that "the participatory loans with a view to the prelación of credits, situarón after the common creditors". In consequence, all the clubs can take this participatory loan without asking consent to his common creditors.

-The clubs do not go to award any type of piece neither of gravamen on his rights, that besides continue being 100% of his exclusive titularity. Besides there is not any right of compensation that believes a legal preference on other creditors of the clubs, but a mere mechanics of payments by compensation without effect in front of third creditors. In consequence, and unlike the a lot of loads that other clubs have awarded on his rights (among others, any of the signatories of the letter of this date), the clubs that adhere to the Plan Promote will not have to inscribe load or gravamen any in the "Book Register of Loads and other operations on rights of credit" to that refers the article 29 of the Book XI of the Reglamente General of the LaLiga. The existent pieces that have awarded the clubs that adhere in favour of third financiadores will follow fully in force and will not see affected by the Plan Promote

In definite, the Project Ties It Impulse frames inside the private sphere of car-organisation of The League and protects in the full capacity of LaLiga and the clubs to organise his economic relations. It is an operation that is attainable of immediate way and with full respect to the norms that govern us. On the other hand, the indictment of fraud of Iey is not new, being a reproach usual made by the Real Madrid to LaLiga together with the one of "behaviour expropiatoria", abuse of right or bad faith, in front of which, however, the own judicial organs no only always have them desestimado, but they have arrived, even, to disqualify the own behaviour of the Real Madrid, when considering that it is precisely, the club the one who incurs in bad faith and abuse of right. Like this, inside the almost forty existent resolutions in which it confirms so much the titularity of rights like the scope competencial of LaLiga, base on which places and supports the Project Promote, can stand out some significant examples of this:

- AI Impugn the Statutes of LaLiga after the entrance in force of the Royal decree-law, in Sentence of 31 May 2021, no only desestima the demand of the Real Madrid, but it reproaches him the have incurred in abuse of right and bad faith, the have even arrived to block the distribution of income between the rest of the clubs by means of "procedural strategies in different court orders".

- Also it went object of reproach the particular use of the right of information in his condition of affiliated with regard to the impugnation of the annual Accounts of LaLiga, so much by the own Provincial Audience as by Courts of First Instance.

LaLiga Can not be subjected to a club that after more than three years scheduling clandestinely the operation of the Superliga, presented the project does grieve 6 months knowingly that it resulted lethal for our league as they have showed numerous reports of third. With deceptive arguments, disguising the movement of salvation for all the clubs and looming jurídicamente to LaLiga. Exactly the same that now.

Already we announce you it does weeks that foresaw days of conflict mediático and noise oriented to do us lose the focus of the common aim to work by a better League and mós strong. And We are seeing it: artificial diffusion in social networks, use of the springs mediáticos of always, generation of confusion, legal threats, pressures of all type... Fortunately, already it is a modus operandi that all know.

They remain us still days complicated by in front because they do not go to cease in his obstinacy by what will have to follow working by the common aim of a strong League, competitive and with future.

Attentively,

Javier Thebes Medrano.