2275 - Tribunal Arbitral du Sport / TAS

CAS 2010/A/2275CGF v. EGA,award of 20 June 20116A few days prior to the meeting, the Executive Committee received formal proof that the Croatian GolfFederation, with due respect, does not meet that condition. This has been confirmed by our lawyers and legalexperts. The Executive Committee consequently asked the Croatian Golf Federation to resign immediatelyfrom EGA membership. This offer being declined, according to article 16 of the EGA Constitution, theExecutive Committee decided to submit the resolution on the exclusion of the Croatian Golf Federation. Inorder to be able to vote on this resoluation, according to third paragraph of article 16 of the constitution, itneeds a two-thirds majority of those delegates present and represented”.In his presentation to the AGM 2010, Mr. Klisovic, Chairman of the Appellant’s Board ofDirectors, unsuccessfully requested the EGA to immediately hand out to all delegates the proposedresolution and all documents it was based on.In the subsequent vote, 81 votes were cast in favour of taking a vote on expulsion of the Appellant.Thereafter, 76 votes were cast in favour of the expulsion. The total number of votes present andrepresented was 108.By letter dated 20 October 2010, the EGA informed the Appellant as follows:“The European Golf Association (EGA) hereby informs you that during the last EGA Annual GeneralMeeting held in Luxembourg on Sunday, 17 th October 2010, delegates voted on the resolution to expel theCroatian Golf Federation from EGA membership.Voting was carried out as follows:- According to paragraph 3 of article 16 of the constitution, delegates voted in favour of an immediatedecision to be taken on the resolution to expel the Croatian Golf Federation from EGA membership.Total number of votes present and represented: 108Votes in favour: 81- Thereafter and according to article 6, delegates voted in favour of the expulsion of the Croatian GolfFederation from EGA membership.Total number of votes present and represented: 108Votes in favour: 76The resolution was submitted to delegates based on following official documents:- Letter of the Republic of Croatia Ministry of Science, Education and Sport dated 13 October 2010.- Letter of the Croatian Olympic Committee dated 16 September 2010.- Republic of Croatia, City of Zagreb, City Office of Administration statement of 26 February 2010regarding the dissolution of the Croatian Golf Federation.- Republic of Croatia, Ministry of Administration statement of 4 May 2010 regarding the appealdismissal”.By letter dated 17 November 2010 and received by the Court of Arbitration for Sport (CAS) on thesame day, the Appellant filed its Statement of Appeal with CAS against the Resolution.