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TO:                   INTERNATIONAL TENNIS FEDERATION

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London, United Kingdom

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communications@itftennis.com

NOTIFICATION OF BREACH OF THE ITF CONSTITUTION

SPECIAL REQUEST TO SUPPORT OUR INITIATIVE

Dear Mr. President David Haggerty

To the Board of Directors,

To whom it may concern, 

       As one of the affiliated member of the Romanian Tennis Federation, but most of all, as one of the most active association dedicated to the growth of tennis in Romania and also dedicated to the effort to respect the integrity, good governance and especially the transparency in sports, we are addressing the present Notification to the International Tennis Federation, and hopping to establish a positive communication in order to get the international support needed to resolve a very difficult situation.

    The Romanian Tennis Federation was governed for the past 18 years, since it was transformed into a so called “private association”, in a way that it is not compatible with the vision and purpose of the ITF, even though the Bye-Laws of RTF specify explicitly that the rules have to be written accordingly and respect the ITF Constitution (Articles of Association and Bye-Laws of ITF).

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    There are three main principles that were constantly broken through all this years, hand in hand, by the Romanian Tennis Federation and also by the Sports Minister – as the institution linked and subordinated directly to the Romanian Government:

1) Guarantee of the free, independent and non-political controlled elections

2) Transparency

3) Respect to the rule of law

   In order to present a detailed image of the mode this three important principles were broken constantly, please take into consideration a dedicated meeting with a special commission of ITF, or at least an ITF representative  that can take the time to observe the numerous documents we obtained in the past 3 years, especially the Resolutions, Decisions and Sentences issued by the Romanian judicial system: Tribunals, Appeal Courts, Supreme Appeal Court of Bucharest, stating that the Romanian Tennis Federation was acting unlawfulness and totally against the law.

    In a brief description of the situation, please be advice that in the past two years and a half, starting with July 2016, there are 13 judges that pronounced sentences against the Romanian Tennis Federation stating in their motivations and justifications that RTF issued illegal documents and broke the law.

   Through the final sentences of the Supreme Appeal Court of Romania in Bucharest, no less than 3 (three) General Meetings of the Romanian Tennis Federation were considered illegal, and more than that, all the Resolutions of the Council voted in the General Meetings were definitive considered null, revoked or canceled!!! More precisely, An Annual General Meeting, An Extraordinary General Meeting and even an Election General Meeting were canceled and considered null by the Sentences issued by the Justice Courts!!!

   The Annual General Meeting of 2016 was considered null after such sentence, with the consequences of a total nullity of all the decisions voted by the AGM and written in the Resolution of the AGM Council, including but not limited to the Statement of Accounts for the 2015 financial year (not audited!!!) and also the Contract for more than one million US Dollars received and spent from public funds (National Budget) directly from the Government through the Minister of Sports!!!

  The Extraordinary General Meeting from October 2016 was also considered null after a sentence of the Romanian Tribunal of Bucharest became definitive in January 2019!!!

  The Election General Meeting from June 2016 was also considered null after a sentence of the Tribunal of Bucharest and after the Supreme Appeal Court of Bucharest maintained the first sentence of the Tribunal, in March 2018.

   Also, other 3 (three) solicitations of the RTF to legalize the Resolutions of the Council approved and voted at the AGMs were rejected definitive by the Courts and/or Tribunals with the justifications of unlawful actions of the RTF, but most important for the fact that many delegates at the General Meeting voted without having the right to vote!!! or because the AGM did not have the Authorization of the Minister of Sports. We specify that the Government Authorization is needed according with the law because the Romanian Tennis Federation is fully financed from public funds, also because RTF uses and exploits the National Tennis Center belonging to the State and being a public facility and also because RTF exploits the events of the Romanian Teams Competitions such as Davis Cup and Fed Cup and receives important funds from ITF in the name of Romania.

    Nevertheless, there is absolutely NO transparency in regards with the funds used by the Federation, including but not limited in regards with the funds RTF receives from ITF for the Fed Cup results and most importantly the way the funds are governed and spent.

    One of the most important issue is the fact that the actual members of the Board of Directors headed by Cosac George, are representing illegal the Romanian Tennis Federation signing the documents in the name of the Federation without having these rights!!!

    Please be advised that, in order to have the full rights as a representant of the Romanian Tennis Federation in relations with third parties, the law of Romania provides that the newly elected members of the Board of Directors shall be registered into the National Special Register held by the Tribunal. In January 2019 the Supreme Appeal Court of Bucharest issued a DEFINITIVE AND IRREVOCABLE Decision (after more than one year of contestations and appeals in the justice, leaded by our Association) stating that the members of the Board of Directors (Council of Directory – the administrating body with the rights of representing Romanian Tennis Federation in the relations with third parties, especially ITF), elected at the last AGM cannot be Registered legally according with the way the AGM for elections was conducted!!!   

     In conclusion, we request the ITF to ask the persons trying to represent Romanian Tennis Federation, to declare in written, under the incidents of the law, that they are legally representing the Romanian Tennis Federation in the relations to third parties, especially with the ITF.

    Also, we request to ask the, so called “officials” of the Romanian Tennis Federation to fulfill the obligations written in the Articles of Association of ITF at Art. 3 letter a), to advise the ITF about the fundamental change in its ability to meet the requirements of operating as a properly constituted sports body.

    Please be advised that the Decision of the Supreme Appeal Court mentioned above, states that the newly elected members of the Board of Directors (Council of Directory as the administration body, provided in the law that regulates the free right to associate written in the Romanian Constitution) of a National Sports Federation in Romania, represents a modification of the Constitutive Act and should be treated as such in respect with the Romanian law, more precisely it represents one of the most important facts about the operating of the Romanian Tennis Federation as a properly and legally constituted sports body!!!

     Last, but not at least, we request full support from the ITF, to take urgent actions in order to urge the former members of the Board of Directors which mandates expired in July 2017, when the legal time of their mandate was fulfilled as stated in the bye-laws of RTF, to cooperate and to understand the gravity of the situation and most of all the risks of suspension from the ITF, and to allow the Free and Legal Elections to take place as soon as possible, respecting the Sentences of the Supreme Appeal Court and the Tribunal of Bucharest, in order to have the Romanian Tennis Federation as a properly and legally constituted body, so we can further more be a Class B member of the ITF with the full ability to compete in the Team Competitions organized and governed by the ITF.

     We also would like to refer to this important issue, in a way that the players representing Romania, are continuously supported by ITF actions. The ITF shall be advised that the unbelievable success of the female tennis players of Romania, is the result of the great effort of their families, personal coaches and very close friends giving financial support, and that regretfully, IT IS NOT THE RESULT OF THE GOOD GOVERNANCE OF THE TENNIS FEDERATION. But at least we can do is to help the players fully benefit from their effort, and not letting others to illegally take advantage of their work, AND MOST IMPORTANTLY change the way the Romanian Tennis Federation is governed and make sure in the future the principles the RTF will be governed, will be in accordance with the VISION, AMBITION AND PURPOSE OF THE ITF, with the final result of truly develop and grow the game of tennis in Romania, at all levels and addressing to all social categories.

With all due respect                                        The date of: 3^rd of March, 2019

Marius Vecerdea

Tennis Club Pamira of Sibiu – President

Sibiu Open – ATP Challenger – Director