26 February 2024 , 13:17
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Everton say they have been "vindicated" after their Premier League points deduction for alleged breaches of financial rules was reduced to six following an appeal.
The Toffees were handed an unprecedented 10-point punishment in November after being found guilty of breaking the league's profit and sustainability rules for the three-season period between 2019/20 and 2021/22. Clubs are permitted maximum losses of £105m on a three-year cycle, which Everton were judged to have fallen foul of by recording losses of £124.5m.
The return of four points means Everton are now 15th in the Premier League table and five points clear of the relegation places. According to the Premier League, Everton pointed to nine different factors in their appeal and two of those were accepted, leading to a lesser sanction being imposed.
In their written reasons for the judgment, the Premier League said its appeal board concluded that the commission which handed down the initial punishment "made legal errors."
First, the appeal board said, the commission was "wrong" to say the club was "less than frank" and did not act in "utmost good faith" in relation to costs associated with the building of their new stadium at Bramley Moore Dock. And secondly, the Premier League said, the commission was "wrong not to take into account available benchmarks" [from the EFL] in relation to the proportionality of the 10-point punishment.
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The appeals board said: "These errors were material, in that they affected approach and conclusion of the commission in relation to sanction."
However, the appeal board did underline that Everton still broke financial rules, adding that "a six point immediate points deduction is appropriate and proportionate in that it is a sanction both necessary and sufficient to achieve the aims of the PSR."
In a statement, Everton said: "While the club is still digesting the appeal board's decision, we are satisfied our appeal has resulted in a reduction in the points sanction.
Sean Dyche's Everton are facing another potential points deduction for a separate charge (Getty Images)"We understand the appeal board considered the 10-point deduction originally imposed to be inappropriate when assessed against the available benchmarks of which the club made the commission aware, including the position under the relevant EFL regulations, and the nine-point deduction that is imposed under the Premier League’s own rules in the event of insolvency.
"The club is also particularly pleased with the appeal board's decision to overturn the original commission's finding that the club failed to act in utmost good faith. That decision, along with reducing the points deduction, was an incredibly important point of principle for the club on appeal. The club, therefore, feels vindicated in pursuing its appeal."
Manager Sean Dyche previously described the punishment as "disproportionate" while furious supporters have protested against the decision and called for Premier League chief executive Richard Masters to apologise after referring to them as a "small club" during a government hearing.
In January, Everton, and fellow relegation candidates Nottingham Forest, were charged with breaching the same rules for the period between 20-23. Those alleged offences are currently being reviewed by a separate independent commission.
And while that means the club could be hit with a second points deduction before the end of the season, Everton believe there is an element of "double jeopardy" at play because two-thirds of the timespan is the same as their initial charge.
The club added in Monday's statement: "Notwithstanding the appeal board's decision, and the positive outcome, the club remains fully committed to cooperating with the Premier League in respect of the ongoing proceedings brought for the accounting period ending in June 2023."
In their own statement, the Premier League said: "The board is satisfied with today’s decision and that the independent disciplinary process, clearly set out in its rules and agreed by all clubs, has been followed throughout."
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