In its decision, the Commission stated that "having heard all the evidence presented, and having regard to the standard of proof agreed with both The FA and Newcastle United, we were not satisfied that the Charge was proved."

Emre was charged on 12 January with using racially-aggravated abusive and/or insulting words during the match against Everton at Goodison Park on 30 December 2006. He denied the charge and requested a personal hearing.