Padel World Press - La Portuguese Federation of Paddle has denounced the International Padel Federation. The highest body of the Portuguese padel has filed a lawsuit with the president of the FIP, Luigi Carraro, for the last General Assembly.
And the Portuguese Padel Federation (FPP) has issued a statement in which it asks for the challenge of the last General Assembly of the FIP with respect to Children's World held in Castellón.
And it is that Portugal was the country in charge of organizing and managing the 2019 Children's World Cup, but the maximum paddle tournament for minors ended up being held in Spanish territory after the offer of the Padel Federation of the Valencian Community.
This is the full statement of the Portuguese Padel Federation:
Considerations: I. Article 63A 2 of the Swiss Civil Code states: "Compulsory legal provisions cannot be altered by statutes." II Article 64B 1 of the Swiss Civil Code states: "The General Assembly is the supreme organ of the association."
The Portuguese Padel Federation will request the challenge of said General Assembly and all its decisions, based on the facts indicated below:
1 The Portuguese Padel Federation showed up, but the Secretary General did not allow him to exercise his voting and participation rights.
2. A man who claimed to be a lawyer and who never identified himself, but who stood next to Luigi Carraro, addressed the president of the Spanish Paddle Federation and refused to allow Spain, as the host country, to exercise its right to invite three invited to attend the General Assembly (Article 11.2 of the FIP Statutes) a. Article 11.2 establishes: "… Any host Member organizing a General Assembly shall have the right to send three additional representatives to said General Assemblies as observers without the power to speak or vote."
3 At the immediate beginning of the General Assembly, a member of FIP requested to vote to maintain the suspension of Portugal as provided in the FIP Statutes (Article 4.7.2). The president refused to comply with the Statutes, and on his own he decided that it was not a matter of the General Assembly, the most important organ of the IFJ. The request was completely ignored. to. Article 4.7.2 of the FIP bylaws says: »If a suspension is in effect at the time an Assembly is held, it will be voted on to maintain or revoke the suspension, with a majority of two thirds of the registered votes being necessary».
4. LTA (Great Britain Tennis Federation) attended the GA even though they were not voted as members of the FIP, by 2/3 of the members (Article 3.3 of Appendix B). Although the British padel was extinct, the president of the FIP said that the attendance was regular because it was an absorption of British Padel by the LTA, which is illegal (Article 70, No. 3 of the Swiss Civil Code). Once again he refused to discuss the matter and moved on. The LTA representative participated in each voting act. to. Article 3.3 of Appendix B of the FIP bylaws states: "… Each membership application, to be successful, must receive at least a two-thirds majority Resolution of the Council registered at the Annual General Assembly regarding the application." b. The Swiss Civil Code, Article 70, No. 3 establishes: "Membership is not transferable or inheritable."
5. The presence of the representative of Chile in the GA was questioned by a member who participated in the General Assembly. The federation affiliated to the FIP, of Chile (Federación Deportiva Nacional Padle), sent an email and informed the FIP the day before that Héctor Parolin was not its representative. Héctor Parolin appeared representing an association that is not a member of the IFJ and was incorporated on June 15 and officially registered on July 1, 2019. Strangely, the Secretary General of the IFJ, on June 11, 2019 issued a letter indicating that the Federation recently constituted by Héctor Parolin was affiliated with the FIP and Héctor Parolin was its president and representative in the FIP. Once again, the president said that Héctor Parolin's attendance was regular and legal. The Association represented by Héctor Parolin was formed in June of this year and was never voted in the IFJ by the General Assembly with 2/3 of the votes. This same federation was the same one that appointed Hector Parolin as a candidate for member of the Board of Directors of the IFJ when it was not constituted. Héctor Parolin participated in all the voting acts that took place in the General Assembly. Authorities outside of TAS will be alerted to such acts for further investigation. to. Article 3.3 of the FIP bylaws states: “… Each membership application, to be successful, must receive at least a two-thirds majority Resolution of the Council registered at the Annual General Assembly regarding the application”. b. The Swiss Civil Code, Article 70, No. 3 establishes: "Membership is not transferable or inheritable."
6. The presence of the Italian Tennis Federation (FIT) in AG was questioned, as there are no documents proving that the inclusion of the FIT has been voted by 2/3 of the members in a General Assembly. The approved affiliate member was the Federazione Italiana Gioco Paddle (FIGP). The president once again refused to discuss the matter, said there was nothing wrong, and proceeded with the General Assembly. The FIT representative participated in each voting act. to. Article 3.3 of Appendix B of the FIP bylaws states: "… Each membership application, to be successful, must receive at least a two-thirds majority Resolution of the Council registered at the Annual General Assembly regarding the application." b. The Swiss Civil Code, Article 70, No. 3 establishes: "Membership is not transferable or inheritable."
7 The President of the IFJ was informed that the vote in the General Assembly should be done with all countries of the same class having the same number of votes, as clearly stated in the Swiss civil law (Article 67, No. 1) and a principle really used by FIFA, GAISF and the International Olympic Committee, all under Swiss law. The President ignored this information, said it was not true and would not apply it. Once again he went ahead with the General Assembly. to. The Swiss Civil Code, article 67, nº1 states: «All members have the same voting rights at the general meeting».
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9 Voting and approval of the financial reports was carried out before the auditor's report was submitted. The financial report of the auditors was signed by only one of the auditors and the signature of the other auditor was missing, as well as that it is now part of the executive board. The vote did not comply with Swiss law and members of the same class did not have the same number of votes. to. The Swiss Civil Code, Article 67, No. 1 states: "All members have the same voting rights at the general meeting."
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12 Pepe Frapoli owes money to the IFJ and, as the president himself has said, they have reached an agreement for a monthly payment until the debt is paid. No evidence of such agreement was presented. Pepe Frapolli was convicted in a Mexican court of law for falsifying signatures. Pepe Frapoli must be immediately removed from the FIP Executive Board, in accordance with Article 19.9 (i) of the Statutes. to. Article 19.9 of the FIP bylaws says: »The position of a member of the Board of Directors shall be left ipso facto in the event that a member: (i) Is insolvent or suspends payments to its creditors or adjusts a debt with them ( iii) be convicted of a criminal offense and receive a custody sentence.
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14 In the voting article to maintain the suspensions of the affiliated countries, and although he was reminded once again that the suspension of any affiliated country must be confirmed by the General Assembly, the president refused to vote the suspension of Portugal because he said That was a decision of another agency. The appeals committee actually cites Article 4.7.2 to maintain the suspension, which is exactly the same article that states that the maintenance of a suspension must be voted on in the General Assembly. The president refused to do so and continued with the General Assembly. to. Article 4.7.2 of the FIP bylaws says: “If a suspension is in force at the time an Assembly is held, it will be voted on to maintain or revoke the suspension, with a majority of two-thirds of the registered votes being necessary. . ”
For all the facts mentioned above and others that may be added more, the Portuguese Padel Federation will take measures in any court or courts that are apt to bring justice to the wrong actions of the President and the Executive Board, as well as the Secretary and any country member who has colluded with the aforementioned, and we will seek responsibility for their actions, as well as financial compensation.
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