Leicester have dodged the initial threat of a points deduction after winning an appeal against a Premier League decision.
The Foxes' appeal related to an alleged violation of the Earnings and Sustainability Standards for the period ending June 30, 2023.
However, the financial period for 2023/24 is still being determined.
A statement on Leicester's website said: “Leicester City have won their appeal against a decision that an independent Commission had jurisdiction to consider an alleged breach by the club of the Premier League's Profitability and Sustainability Rules (PSR).
“The Premier League first referred the club to an independent Commission in March 2024 for an alleged breach of the PSR relating to the assessment period ending on 30 June 2023. The Commission dismissed the club's initial challenge to its jurisdiction to hear the case, but the club's challenge has now been upheld by an independent Appeals Board, which overturned the Commission's finding.
“Leicester City welcomes the comprehensive decision of the Appeals Board, which supports our consistent position that any action against the Club must be conducted in accordance with the applicable rules.
“In order to avoid any misunderstanding that may arise in light of the statement issued by the Premier League in response to the appeal decision, Leicester City wishes to emphasise the Appeal Panel's conclusion that, having regard to the wording actually used in the Premier League rules (in accordance with established principles of English law), the Club was not in breach of the Premier League PSRs for the assessment period ending 30 June 2023.
“In its decision, the Appeals Board (which consisted of a panel of three senior and experienced lawyers, two of whom are former Court of Appeal judges) identified flaws in the wording of the Premier League's rules. In challenging the Premier League's attempts to bring charges against Leicester City, the Club has simply sought to ensure (in the interests of providing consistency and certainty for all clubs) that the rules are applied as they are actually written.”
In response, the Premier League wrote: “The Premier League is surprised and disappointed by the decision of the independent Appeals Board to accept an appeal brought by Leicester City FC regarding the League's jurisdiction over the club's alleged breach of its Profitability and Sustainability Rules (PSR) when the club was a member of the Premier League.
“In March this year, the Premier League referred Leicester City to an independent commission for an alleged breach of the PSRs relating to the assessment period ending with the 2022/23 financial year. Once submitted, the club's financial results showed that it had exceeded the permitted threshold of £105m for the relevant period.
“Leicester City subsequently challenged the Commission's jurisdiction to hear the case on jurisdictional grounds. The independent Commission dismissed this challenge, a decision which Leicester City appealed against.
“An independent Appeals Board has upheld that appeal on the grounds that the club's accounting period, which ended on 30 June 2023, occurred after the point at which the club ceased to be a member of the League. The Appeals Board's decision effectively means that, despite the club being a member of the League from the 2019/20 to 2022/23 seasons, the League is unable to take action against the club for exceeding the relevant PSR threshold in respect of the associated accounting periods.
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“The Premier League is very disappointed with the Appeal Board's decision and the limited reasons given to justify it. The League continues to believe that the original Commission took the correct approach in interpreting the rules in a practical and workable way that gives effect to their intended purpose. In overturning the findings of the original Commission, the Premier League considers that the Appeal Board's decision fails to take into account the purpose of the rules, all relevant parts of the PSRs and the need for effective enforcement of the alleged breaches to ensure fairness between all clubs.
“If the Appeals Board is correct, its decision will have created a situation where any club that exceeds the PSR threshold could avoid accountability in these specific circumstances. Clearly, that is not the intent of the rules.
“It is vitally important that the Premier League is able to apply its rules consistently to uphold the principle of fairness. The League will now consider what further steps it can take to ensure this is the case.
“The Appeals Boards are independent of the Premier League and member clubs and are appointed by the independent Chair of the Premier League Judicial Panel.”
There will be more news later…
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