The judge investigating irregularities in the RFEF rules out withdrawing the passports of Rubiales and Piqué

Confirms the appearance of Javier Tebas and the Association of Professional Soccer Players

MADRID, 5 Dic. (EUROPA PRESS) -

The Majadahonda judge who is investigating the alleged irregularities committed within the Royal Spanish Football Federation (RFEF) has ruled out agreeing to withdraw the passport of the president of the institution, Luis Rubiales, and the footballer and owner of the company Kosmos Global Holding , Gerard Piqué, by not appreciating "an objective situation of risk".

In an order last Friday, to which Europa Press has had access, the head of Court Number 4 of Majadahonda, Delia Rodrigo, has rejected the precautionary measure requested by the Manos Limpias union a few days before the start of the Soccer World Cup.

The union, which considered the measure "proportionate", recalled in its letter that Rubiales had "planned to travel to Qatar with the Spanish National Team" before the then imminent start of the World Cup. The union believed that although Piqué was no longer part of the national team, he would also travel to the country.

The magistrate explains that the withdrawal of Rubiales' passport "has no purpose since it is a notorious fact that he has moved" to the Asian country, "with said move being part of his duties." Regarding Piqué, adds the judge, "no evidence is provided by the requesting party that allows him to infer his displacement to said country, basing the request on a mere supposition."

In this context, the instructor recalls that the adoption of a precautionary measure such as the one requested requires that there be "indications referring to the commission of a crime and, on the other hand, the existence of a 'periculum in mora' that justifies the adoption of the measure precautionary measure requested, which requires an assessment of the specific concurrent circumstances in order to determine that the requested measure is adequate and necessary to safeguard the integrity and protection of the protected legal assets".

"At this initial moment of the procedure, it is not appreciated that there is an objective situation of risk that justifies the adoption of the requested precautionary measure. Both Mr. Rubiales and Mr. Piqué have their habitual residence in Spain, where they have a known address, work and sufficient social roots, so there is no objective reason that justifies the withdrawal of the requested passport", concludes the judge.

Within the framework of this case, the judge also confirmed last Friday the appearance of the president of the Professional Soccer League, Javier Tebas, and the Association of Spanish Soccer Players (AFE) as popular accusation. In another order, picked up by this news agency, the magistrate dismisses Rubiales' appeal against both decisions and confirms the decision adopted at the end of last October.

Rubiales appealed, assuring that Tebas did not justify his legitimacy to intervene in the present procedure, assuring that his appearance violated equity within the process, since there were already two popular accusations filed. In addition, he maintained that the AFE lacked legitimacy to appear as an injured party.

The instructor assures that "at this point in the procedure there is no objective reason that could justify the departure of Thebes in the exercise of popular action, the reasons of equity to which "Rubiales alludes in his appeal" being insufficient and that they do not are specified in specific procedural aspects".

The magistrate recalls that Tebas "has not appeared in the case by exercising any action on behalf of the Professional Soccer League, but in a private capacity, there being no reason to justify its departure from said procedure at this initial moment of the process."

"Regarding the appearance of the Association of Spanish Soccer Players, the contested resolution must also be confirmed, since as members of the RFEF, it could eventually be harmed by possible irregularities that may have been committed in the management and management of funds" , justifies the judge.

It should be remembered that this investigation, before the judge admitted a complaint against both in June, began in May after the Anti-Corruption Prosecutor opened proceedings for alleged irregularities in the management of Rubiales as head of the RFEF and based, among other issues, on the contract for the Spanish Super Cup to be played in Saudi Arabia with the mediation of Piqué.

In the complaint, presented by the leader of the National Center for the Training of Soccer Coaches (CENAFE), Miguel Ángel Galán, points to the commissions charged by the RFEF and Piqué's company for the Spanish Super Cup tournament to be played in the Arab country. To that was added another from Clean Hands.