This in bold is part of Evertons argument, that as the rules stand, or stood then, we were in fact compliant with FFP rules on the day Burnley were relegated.This is ridiculous. Burnley are arguing that on the balance of probabilities, if the points deduction had been applied in the season that the breach occurred then they would have stayed up. But the points deduction could never have been applied until the following season at the earliest as the financial year for that season does not end until 6 weeks after the season is over
Therefore it is an impossibility for the points deduction to have been applied that season and keep Burnley up, so Burnley's argument is that because something that was impossible did not happen to save Burnley from relegation, Everton have to pay 40 mill in compensation and some idiot on a panel agreed with that
On the balance of probabilities, If you arrest a murderer before he goes murdering people then all of the people he murders would not have got killed. Does that mean that the families of the victims sue the police for not arresting the murderer whilst he was still an innocent person?
From the club
"This ruling sets a dangerous and unworkable precedent for English football, given it is constructed on a principle that a club can be in breach of financial rules at any point in a financial year.
So basically you can be over FFP in spending terms, win 99% of your games, get all your points in the bag, then just before the financial year ends you can sell players to get you within FFP rules. Evertons argument is that you have still had a sporting advantage all season.