The Merseyside club have already been docked six points for one breach of profit and sustainability rules and now face another charge relating to a three-year time period which overlaps with the original breach
After having their case strengthened by the written reasons an appeal board provided on Monday, Everton is expected to argue that they shouldn’t be fined twice for the same set of accounts when they face their next Premier League charge for violating Profitability and Sustainability Rules.
After an appeal, the Merseyside club’s 10-point deduction for violating Financial Fair Play between 2018 and 2022 was lowered to six points.
The Premier League has, however, referred them to a second independent commission for their 2019–2023 accounts; the league has not yet disclosed to Everton the extent of their violation.
Although it appears that they will lose two more points in the same season, Everton plans to use double jeopardy as part of their defence, arguing that they shouldn’t be punished twice for the same infraction.
Everton’s breach was deemed “substantial” by the appeal board because they suffered a loss of £124.5 million in 2018–22, £19.5 million more than the allowed amount. This loss, the board said, gave Everton “a significant sporting advantage” and necessitated a penalty “to be fair to other Premier League clubs.”
However, they also mentioned in their written reasons that Everton’s financial results for 2021–2022 indicated improvement, even if they were still losing money, and that this trend persisted because “the PSR picture in FY23 showed an upturn”.
Everton made salary reductions and player sales in the 2022–2023 fiscal year, but they were also burdened by debt from the building of their new stadium at Bramley–Moore Dock.
“It is important that there is no double counting in the sense of treating the excess loss over £105m more than once,” the appeal board added.
Everton is anticipated to argue that the EFL regulations, which the appeal board referenced in its decision on Monday, guarantee that clubs cannot be penalised twice for the same offence and that they have already been sanctioned for 75% of the accounting period for the second charge.
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