Circumstances of the case

Three incidents were reported by the UEFA match delegate: 1) Kit infringement: one of the players from Austria Wien had a track suit with advertising VERBAND on the back. 2) Incorrect behavior of supporters: In the 42nd minute a supporter managed to climb up on the roof of the fence of the South Tribune. He was taken by the police and kept by the police until the end of the match. He was fined by the police. 3) Setting off of fireworks: 4 Bengal lights were lit by Austria supporters in sector 3 in the South Tribune, behind the goal, when the players entered the pitch before kickoff of the first half, approximately 3 mins before the start of the match. The club admits the kit infringement and explains that the player was not aware of the information regarding clothing containing sponsors print. Likewise, the club admits that its supporter climbed the fence and held that, in the future, it will inform the stewards to pay special attention to ensure it does not happen again. Concerning the pyrotechnics the club noted that a great number of supporters entered the stadium without control from a part of the sector next to the away stand.

Legal Framework Article 16 (2) UEFA Disciplinary Regulations, Article 60.04 and 31.03 UEFA Kit Regulations, Article 55.01 UEFA Europa League Regulations.

Decision

The CEDB noted that all three violations of the UEFA Disciplinary Regulations and the UEFA Kit Regulations were admitted by the club and it only remained for the Panel to find the appropriate sanction. In the present case, the CEDB identified and took into account the seriousness and multiplicity of the offences committed, the improper conduct of the club’s supporters, the kit infringement, the setting off of fireworks as well as the club’s previous record, noting that FK Austria Wien has already been punished for setting off of fireworks on numerous occasions. Overall, the CEDB deemed that a fine of €7’000 was appropriate for the setting off of fireworks and the improper conduct of its supporters, whereas a warning was warranted for the kit infringement.

Ad-hoc-Chairman: Hansen Jim Stjerne (DEN)

Circumstances of the case

The player wearing number 10 of Sporting Clube de Portugal, Borges Cabral Jovane Eduardo, in the 63rd minute, after a foul of a player of Juventus while the player of Juventus was still on the ground trying to get up, slapped him with an open hand on the back of the head. The referee sent off Borges Cabral Jovane Eduardo for violent conduct.

Legal framework Article 15 (1) (e) UEFA Disciplinary Regulations.

Decision

The CEDB deems that this is a highly aggressive act, threatening serious injury. It has nothing to do with the game and is simply a hostile act of physical violence. Consequently, the act of the player who struck the opponent player in the back on his head as described by the referee constitutes assault under the terms of Article 15 (1) (e) DR and shall be punished accordingly, in this case, considering the circumstances of the case, with a three match suspension.

Chairman: Partl Thomas (AUT)

Vice-Chairman: Hansen Jim Stjerne (DEN)

Member: Antenen Jacques (SUI)

Circumstances of the case

Home-club supporters in several sectors were blocking the stairways during whole match. Before kick-off, home supporters lit three flares. Late kick-off of 2min30secs, due to the fact that the home team left the dressing room late. They were also late in the second half (2mins). The club argues that ultra-supporters occupied the sectors in which the stairways were blocked, emphasizing that that people could circulate, causing no blocking. Regarding the setting off fireworks, the club insists that it was an isolated incident occurring before the match. The security responsible acted immediately and recover the fireworks. With regard to the late kick-off infringement, the medical staff had to intervene to treat the player Neymar.” The club further rejects the responsibility of the coach in this kind of incidents as the principle of strict liability is not design to cover also such situations.

Legal Framework Article 38 Safety and Security Regulations; Article 11 (2) UEFA Disciplinary Regulations; Article 16 (2) UEFA Disciplinary Regulations

Decision

With regard to the fireworks, the CEDB noted that the club did not put forward any arguments which would breach the accuracy of the official UEFA report which expressly refers to the setting off of fireworks and is presumed to be accurate under Article 45 DR. The CEDB noted the same with regard to the blocking of stairways, stressing that the efforts made by the club are to be expected since they merely constitute the club’s obligations pertaining to Art. 38 SSR. As regards the late kick-off, the CEDB stressed that respect needs to be paid to the nature of the UEFA Champions League, UEFA’s flagship club competition, and that clubs needs to respect the principle of equal treatment and opportunities, as both teams are entitled to and need to be given the same duration of preparation prior to the match. The CEDB is willing to accept the arguments of the club as regards the lack of responsibility of his head coach with regard to the late kick off infringement and the injury of one of the players. In this particular case, the CEDB is comfortable satisfied that only the club shall be held responsible for the late kick-off of its team. Regarding the three mentioned infringements, the CEDB took into account the previous record of the club with regard to all three infringements and deemed that a fine of €40’000 is the appropriate sanction.

Chairman: Partl Thomas (AUT)

Vice-Chairman: Hansen Jim Stjerne (DEN)

Members:
Antenen Jacques (SUI)
Wolff Joël (LUX)
Gea Tomás (AND)
Hans Lorenz (GER)
Larumbe Beain Kepa (ESP)
Joao Leal (POR)