Circumstances of the case

During the UEFA Europa League 2016/2017 match between Olympique Lyonnais and Beşiktaş on 13 April 2017 (the “Match”), several incidents involving both Olympique Lyonnais and Beşiktaş’ supporters were reported. The Control, Ethics and Disciplinary Body (CEDB) considered it was established that Beşiktaş’ supporters ignited and threw fireworks towards Olympique Lyonnais’ supporters standing below their sector, causing the supporters to escape their sector and provoking a massive field invasion. Beşiktaş supporters created crowd disturbances during the match. The CEDB took into account that the club has been repeatedly sanctioned at away matches with significant fines and constantly warned about the grave consequences in persisting in this attitude. However, instead of an improvement, the incidents during the match in which the club’s supporters played a main role put in danger the life of spectators. The CEDB considered that the mere fact of throwing fireworks, which is inherently a dangerous object already for those lighting it, towards other supporters has no excuse. Added to it, the circumstance of throwing them from an elevated position towards spectators standing right below is definitely an aggravating circumstance. Also it caused an emergency situation by means of a massive field invasion. The CEDB decided on 19 April 2017 to exclude Beşiktaş from participating in the next UEFA club competition for which it will otherwise qualify (exclusion deferred for a probationary period of two (2) years) as well as to impose a fine of € 100’000. The club appealed stating that the sanctions imposed were disproportionate because it did not take into account mitigating factors. The club also held not being responsible for the behaviour of “non official” supporters.

Legal framework Article 16 (2) (b), (c) and (h) of the UEFA Disciplinary Regulations.

Decision

On 19 April 2017, the CEDB decided to exclude Beşiktaş from participating in the next UEFA club competition for which it will otherwise qualify. This exclusion is deferred for a probationary period of two (2) years. In addition, Beşiktaş is fine € 100’000. The Appeals Body rejected the appeal of Beşiktaş and upheld the initial CEDB’s decision and considered that the decision was not only justified, but the most lenient possible decision that could be taken in line with the applicable framework. The Appeals Body considered that the list of elements exposed by the CEDB constitutes enough basis for imposing the exclusion and the fine. The Appeals Body also established that the principle of strict liability applies regardless of fault and consequently, the club is responsible for any misconduct of their supporters, including the so called “unofficial” supporters.

Chairman: Pedro Tomás (Spain)

Members:
Michael Maessen (Netherlands)
Björn Ahlberg (Sweden)

Circumstances of the case

By decision of the Control, Ethics and Disciplinary Body of 8 December 2016, the Luxembourg Football Federation player Dublin Yannis (the player) was suspended for the next three (3) UEFA competition matches for which he would be otherwise eligible. On 28 March 2017, the Luxembourg Football Federation played against the Football Federation of Kazakhstan in a European Under-21 Championship 2019 match (the match). The player was registered within the relevant player list, participated in the match and played for its full duration. The Control, Ethics and Disciplinary Body (CEDB) decided that the Luxembourg Football Federation is responsible for the participation of a player whilst he had still pending suspensions violating Articles 43.01 and 43.07 of the 2017-19 UEFA European Under-21 Championship Regulations. In this context, in accordance with Article 21 (2) of the Disciplinary Regulations (edition 2016), the relevant match is declared forfeit. Consequently, as per Article 21 (4) (a) of the Disciplinary Regulations (edition 2016), the Luxembourg Football federation is considered to have lost the match 3:0. The club, in its appeal, argued that it never formally received the CEDB decision of 8 December 2016 regarding the possible suspension of the player and thus, the decision has to be regarded as null and void, having as consequence that the player was not ineligible at the occasion of the match against the Football Federation of Kazakhstan.

Legal framework Article 21 (2) and (4) (a) of the UEFA Disciplinary Regulations (edition 2016). Articles 43.01 and 43.07 of the 2017-19 UEFA European Under-21 Championship Regulations.

Decision

On 18 May 2017, the CEDB decided to declare the European Under-21 Championship 2019 match Luxembourg vs. Kazakhstan played on 28 March 2017 as forfeit. The Luxembourg Football Federation is deemed to have lost the match 3:0. The appeal lodged by the Luxembourg Football Federation was dismissed by the Appeals Body and the decision of the CEDB of 18 May 2017 was confirmed. The Appeals Body indicated it was comfortably satisfied that the player was ineligible to play during the match against Kazakhstan, that the CEDB’s decision regarding the event triggering the ineligibility of the player was duly notified to the Luxembourg Football Federation, that in the hypothetical and unproven case that the Luxembourg Football Federation could not take note of the Decision, it was responsible for such circumstance and who should have made the necessary inquiry to UEFA.

Chairman: Pedro Tomás (Spain)

Members:
Michael Maessen (Netherlands)
Björn Ahlberg (Sweden)

Circumstances of the case

The UEFA match delegate reported that in the central section of the North Stand of the stadium, FK Crvena Zvezda supporters were standing and blocking stairways during the whole game, impeding the free flow of spectators. Also, it was reported that during the half time break the club’s supporters in the front row of the North Stand displayed a small flag featuring a portrait of Dragoljub Mihailović, a Yugoslav Serb general during the World War II involved in ethnic cleansing. FK Crvena Zvezda supporters also displayed a large text banner reading “Let babies be born, it is the message of the North [stand], we do not want Serbia to be a land of faggots”) and chanted the same slogan. Regarding the alleged homophobic message, the club stated that the violation was rather discriminatory than racist. The club denies the occurrence of the racist incident, arguing that an interpretation was given to the Mihailović banner which did not reflect the truth. Regarding the blocking of stairways, the club stated that the incident occurred solely on one tribune

Legal framework Article 14 UEFA Disciplinary Regulations and Article 38 Safety and Security Regulations

Decision

In the present case, the CEDB recalled that the fight against racism and any form of xenophobic behaviour is a high priority for UEFA. UEFA has a policy of zero tolerance towards racism and discrimination on the pitch and in the stands. With regard to the homophobic banner, the CEDB could not make any sense of which the club would point to the assumption that the incident was rather discriminatory than racist, when both behaviours would obviously violate Art. 14 of the DR. Regarding the banner showing Dragoljub Mihailović, the CEDB was however not convinced whether such banner was in fact racist or discriminatory, given that there were in fact several possible interpretations which could possibly be given to the banner. Bearing in mind the previous record of the club with regard to Art. 14 DR violations, the CEDB decided to order the partial closure of the club’s stadium during the next UEFA competition match in which the club would play as the host club, and in particular of the entire North Stand. Regarding the blocking of stairways, the CEDB decided that that a fine of € 8’000 is the adequate sanction.

Chairman: Partl Thomas (AUT)

Circumstances of the case

According to the official reports of the referee and the delegate of the UEFA Champions League 2016/2017 match between FC Porto and Juventus Football Club on 22 February 2017, coins were thrown at match officials by FC Porto’s supporters during the match and one coin actually hit the referee. It was also reported that fireworks were ignited on three occasions during the match, resulting in loud bangs. On 23 February 2017, the Control, Ethics and Disciplinary Body (CEDB) decided that FC Porto had breached Article 16 (2) (b) and (c) of the UEFA Disciplinary Regulations and imposed FC Porto a fine.

The club in its appeal stated that the delegate’s report contradicts the referee’s report, since according to the delegate’s report no coins were provided to him by the match officials and no coins were found on the pitch after the match. FC Porto also suggests that neither the delegate nor the referee knew what caused the loud bangs. FC Porto concludes that it was impossible for the standard of proof of comfortable satisfaction to be reached.

Legal Framework Article 16 (2) (b) and (c) of the UEFA Disciplinary Regulations.

Decision

On 23 March 2017, the CEDB decided to fine FC Porto €17,000. The CEDB indicated being more than comfortably satisfied that coins were thrown during the match – in particular, since the referee himself actually describes being hit by a coin in his report. The CEDB concluded that the mere absence of the coins cannot disprove the accuracy of a firsthand account by the referee for the match which expressly describes coins being thrown. As to the setting off of fireworks, the CEDB noted that the referee and the delegate are both experienced officials having experienced multiple incidents of fireworks and considered that a simple statement from the club alleging other cause is not sufficient to disprove the accuracy of the official reports. The Appeals Body upheld the Control, Ethics and Disciplinary Body’s decision of 23 March 2017 and rejected the appeal of FC Porto.

Chairman: Pedro Tomás (Spain)

Members:
Michael Maessen (Netherlands)
Björn Ahlberg (Sweden)