The Court of First Instance number 15 of Madrid has declared null seven agreements adopted by the Assembly of the Royal Spanish Volleyball Federation (RFEVB) in 2021, Among them the budgets, the action projects and the sports calendars of that year, because they were approved without vote.
The sentence, dated February 1, is the result of the lawsuit filed by the Catalan Federation, together with that of Aragon, Cantabria, Valencian Community and the Basque Country.
And he points out that “the right to vote is a right recognized in legal and statutory norms” and points out that the RFEVB statutes require “that the adoption of the agreements is express, after writing them and after the consequent vote.”
“Then there is no tacit approval for the mere absence of amendments, which is how the defendant interprets Art. 101 of the Regulation (…). That approval to which it refers cannot prevent the vote in the Assembly, which I repeat, must be express,” says the judge.
The Court thus partially meets a lawsuit from the Aragonese, Catalan, Basque, Valencian and Cantabrian federations of volleyball against Spanish Federation (RFVB) considering that the agreements taken in the General Assembly of May 2021 were contrary to the legal system.
The plaintiffs alleged that the meeting was convened by Zoom, without this being provided in the Statutes, that matters of the agenda were approved without debate or vote and that the assembly was deprived to secretly vote at the points that were voted, so they requested the nullity of all the agreements.
The court has only considered void, however, the approved points without vote.
The RFEVB claimed that article 101 of the General Regulation of the RFEVB states that “only those issues or precepts that have been amended and those that the president considered precise will be subject to a particularized debate. The issues or non -amended precepts shall be understood as approved, unless they are affected by accepted amendments, in relation to other issues or precepts.”
Yes, issues such as the remuneration of the president, the rules of state -im -up competitions and the modification of the bylaws, but not secret, but mixed, secret or public according to the preference of each voter were submitted.
This, in the opinion and the sentence, does not violate rights or deprives the associates of their vote choice, “since those who wanted to do so secretly could.”
The Catalan Federation, one of the plaintiffs, has expressed that Agustín Martín Santos won in 2020 the elections to the presidency of the RFEVB “in an electoral process that a judge already sentenced as' dark 'and' little transparent 'by which he ordered' retroting the process', that is, to repeat the elections' to ensure that the electoral process is adjusted to the demands of a rule of law” National Court after the appeal presented by the Higher Sports Council and the RFEVB “.
“In all this time, almost 4 years have passed the doors of a new electoral process, the Spanish volleyball has lived 4 assemblies in which Martín Santos has avoided the debate and subsequent vote of the affairs of the agenda (…). Since May 2021 the Spanish volley Competition, “adds the Catalan Federation in a statement.
The autonomous entity considers that “common sense says that”, according to this last sentence, “all those agreements of the other assemblies held after the President will also be made of article 101: December 2021, December 2022 and December 2023.”
“What will happen to the public subsidies received? What will happen to those granted by the RFVEB itself to athletes, territorial federations and clubs?” He asks.
The sentence is appealed within twenty days.
