The following statement from the commission as reported in The Athletic, IMO has us not really warranting an appeal...
Atletico Madrid made a £42.9million bid for Johnson via an email entitled “Offer” on June 30, but stated it was dependent on the Spanish club selling an unnamed player first. Forest rejected the offer, emailing back to say they wanted £55.8m. But then, for reasons unexplained, it was never followed up.
So why did Forest, in the commission’s findings, do “little to market (Johnson) proactively”?
Ross Wilson, Forest’s chief football officer, did speak to several English clubs, including Manchester United, Manchester City, Tottenham Hotspur, Brentford, Crystal Palace and Aston Villa. None, however, made an official bid until Brentford came in with a £32.5m offer (July 21), followed by one of £35m (July 24) and, finally, £40m (August 28).
All were turned down and Johnson’s move to Tottenham only went through late in the evening on September 1 — transfer deadline day. They were, the commission was told, “sailing close to the wind”. Forest called it a “near miss” or “golden mitigation” but that two-month period was critical in terms of the club being punished. The new season was underway and Johnson played in their first four games of it, including a 2-1 Premier League win against Sheffield United. It was, according to the commission, a clear and unfair sporting advantage.