An update on Financial Fair Play - Case study: the Neymar Transfer
Published Monday, 25 September 2017.
Ezekiel Elliott will stay on the field for now
FC Spartak Moskva (Setting off of fireworks; throwing of objects), Decision of 21 September 2017, UEFA Decision
Circumstances of the case
In the 15th minute of the match, between 10-15 flares and Bengal lights were identified in the visiting sector of Spartak Moskva, followed by one rocket that was clearly fired from the stands in the direction of the pitch. The rocket followed the length of the pitch in direction of the center circle were the referee was positioned, missing the referee. According to the referee, the rocket missed him by approximately 5 meters. Following the incident, the match was immediately stopped for 2mins and 30 secs. In the 59th minute of the match, several red and white flares were again seen in the Spartak Moskva sector at the moment the away team scored 0-1. At the same time, some plastic cups were thrown on the pitch from the same North stands. The club argued that the incidents were caused by breaches of the host-team, allowing a large amount of unauthorized persons to get into the visiting sectors. Therefore, the missile which was shot into the direction of the referee was fired by a supporter of the club which was not among the club’s supporters who had received the tickets from the official ticket quota
Legal framework Article 16 (2) UEFA Disciplinary Regulations.
Decision
The CEDB stresses that an act such as firing fireworks onto the pitch has to be regarded as particularly dangerous and as a malicious act of violence and hooliganism which has no place in football in general and in the UEFA competitions such as the UEFA Champions League in particular. The CEDB further emphasized that any potential misconduct from the match organizer does not discharge the club from its responsibility regarding the behaviour of its supporters. Moreover, the CEDB could not concur with the differentiation made by the club between supporters who had purchased match tickets from the official ticket quota allocated to the club and “other supporters”, who had purchased their tickets through other channels. Bearing in mind the long previous record of the club and the seriousness of the incidents, the CEDB considers that, as a warning to future events linked to the conduct of the club´s supporters at away matches, a strong sanction is required, and deems that 60´000€ shall be deemed as the adequate disciplinary measure. In addition, the club is banned from selling tickets it its supporters for the next UEFA competition away match.
Chairman: Partl Thomas (AUT)
Vice-Chairmen:
Berzi Sándor (HUN)
Hansen Jim Stjerne (DEN)
Members:
Gea Tomás (AND)
Larumbe Beain Kepa (ESP)
Leal João (POR)
Řepka Rudolf (CZE)
on Thursday, 21 September 2017. Posted in Sports, Football, Cases, Articles, Regulation & Governance
England Women (Doping Control issue; Insulting / molesting acts), Decision of 21 September 207, UEFA Decision
Circumstances of the case
In the 60th min of the match, the England official Mark Sampson was verbally abusive to the UEFA VD, telling her "You better sit down, you little shit!" After the match, the Referee Liaison Officer was standing outside the referee changing room when the same official shouted aggressively at her: "You’re a fucking disgrace, it’s a fucking shame". He then picked up a metal pillar raising it above his head aggressively before throwing it down hard against the floor, shutting the door to the corridor, saying, "I’m going to close the fucking door in your fucking face". Also, the England player Jade Moore was selected for doping control. Instead of going directly to the Doping Control Room, she went to the team dressing room, followed by the chaperone. The association argues that neither the venue director or referee observer was a match official according to the UEFA regulations, i.e. Art. 15 (1) (d) DR does not apply. The association accepted the use of inappropriate language by its official as well as the metal pole interaction described in the delegate´s report while however pointing to a number of factual discrepancies between statements and the delegate´s report. Finally, Mr. Sampson apologizes for any inappropriate language he used both during and after the game. With regard to the doping control, the failure to go straight from the pitch to the doping control room was the result of an honest mistake following defeat in a semi-final and Ms Moore was only in the dressing room for a very short period of time.
Legal Framework Article 13 UEFA Disciplinary Regulations; Article 15 (1) (d) UEFA Disciplinary Regulations; Article 6 of the UEFA Anti-Doping Regulations.
Decision
The CEDB explained that Art. 15 DR should be understood as an attempt by UEFA to protect officials who, in the context of a match, exercise a function that warrants particular respect. If UEFA would accept that officials act in the aggressive, insulting and insisting manner, then the needed relation of respect will end instantaneously. With regard to the doping-control incident, the CEDB emphasized that it is crucial that every player who is selected to participate in doping control reports to the doping control station immediately - otherwise the accuracy and integrity of the testing procedure is undermined. Regarding the England official, the CEDB deemed that a three match suspension is the adequate disciplinary measure regarding the circumstances of this case. The CEDB further warned the England player for her behaviour.
Chairman: Partl Thomas (AUT)
Vice-Chairmen:
Berzi Sándor (HUN)
Hansen Jim Stjerne (DEN)
Members:
Gea Tomás (AND)
Larumbe Beain Kepa (ESP)
Leal João (POR)
Řepka Rudolf (CZE)
on Thursday, 21 September 2017. Posted in Sports, Football, Cases, Articles, Regulation & Governance
UK Anti-Doping's statement regarding Tyson Fury's postponed panel hearing
Genius Sports acquires leading volleyball technology provider Data Project
INTERPOL Integrity in Sport Bi-Weekly Bulletin - 5-18 September 2017
IOC elects former United Nations Secretary General Ban Ki-moon to head its Ethics Commission
A guide to Germany’s new criminal law against betting fraud and match-fixing in sports
Published Thursday, 14 September 2017.
New reforms launched to improve ownership experience through simplified administration
Decision in the case of Jamie Burdekin
In-house Counsel Forum to take place at 2017 LawInSport Conference
How can instruments of good governance reduce corruption in global sport?
Latest trends and developments in sports media rights to be discussed at LawInSport Conference
Is an overhaul of the anti-doping regime overdue?
What are the current opportunities and challenges that sports betting brings to global sport?
Athlete development and welfare to be discussed by experts at LawInSport 3rd Annual Conference
The Court of Arbitration for Sport (CAS) dismisses the appeals filed by the Bolivian Football Federation
U.S. wheelchair basketball athlete, Sarah Heinzl, accepts public warning for anti-doping rule violation
The lifecycle of an international athlete: Part 1 - finding an agent & signing with a sports club
Published Monday, 28 August 2017.
The Court of Arbitration for Sport (CAS) decision in the case of Therese Johaug: 18-month suspension
GNK Dinamo (Setting off of fireworks; racist behaviour), Decision of 25 August 2017, UEFA Decision
Circumstances of the case
The CEDB noted that the GNK Dinamo supporters displayed a banner in east stand with a "Celtic-cross". Likewise, approximately in the 46th minute into the game, several hundred of the club’s supporters started chanting “Mamiću, cigane, odlazi iz svetinje!” (Translation: “Mamić, you gypsy, get out of our shrine”). The chant was repeated several times during the 46th and 48th minutes into the game. Also six fireworks were lit by the club’s supporters. The club stated regarding the Celtic cross that this was the first time that its supporters have displayed such banner and that as soon as the UEFA Security Officer has noticed the banner and informed, the club’s security officer removed it. Regarding the chants directed against Mr. Mamic, the club explained that this is still used by the group of ultras as an expression of fight against the club’s ex-president, Mr. Zdravko Mamic and that this is not a case of classic racism.
Legal framework Article 16 (2) UEFA Disciplinary Regulations; Article 14 UEFA Disciplinary Regulations.
Decision
Regarding the Celtic cross, the CEDB that this is a symbol used by neo-Nazis worldwide and denotes “the supremacy of the white race”, i.e. a clearly racist symbol. AS regards the chants, the CEDB recalls that the Court of Arbitration for Sport already had the opportunity to examine the nature of this chant in the light of Article 14 DR. It concluded that the chant was of a racist nature. Briefly, supporters by using the term “gypsy” in an insulting manner denigrated hereby an ethnic group, thereby also violating Art. 14 DR. Since this case concerns a first infringement of Article 14(1) DR, the CEDB decided that the Club shall be punished with a partial stadium closure, as provided for in Article 14(2) DR. For the setting off of fireworks, the club was punished with a fine of €5’000.
Chairman: Partl Thomas (AUT)
Vice-Chairman: Berzi Sándor (HUN)
Member: Larumbe Beain Kepa (ESP)
on Friday, 25 August 2017. Posted in Sports, Football, Cases, Articles, Regulation & Governance
Trends in digital brand engagement, image rights and sponsorship deals in sport
Investigation into deceptive practices around NFL concussion settlement continues
Panathinaikos FC (Stairways blocked; use of laser pointer; setting off of fireworks), Decision of 21 September 2017, UEFA Decision
Circumstances of the case
It was reported that home-club ultras used laser pointers three times. After each use, the public announcer issued warnings and after the third warning, the usage stopped. Also, Exit stairways were blocked during the whole game in both curves and in home-team ultra-supporters’ sectors 13 and 14 during the whole match. In the 3 rd minute, between 10 and 15 of small flares, were ignited by home-club ultras which was quickly extinguished. After the home team scored in the 29nd minute, less than 10 small flares and 3 normal flares were ignited by home-club ultras. After the home team scored the second time, 2 flares were ignited again by home ultras at the stand. The club stated that the laser pointers used were only a minor infringement, not causing any disturbances. Regarding the blocking of stairways, the club admits said incident, while emphasizing that the majority of the supporters were watching the match while standing, singing and dancing, constantly moving, therefore naturally periodically blocking stairways. With regard to the usage of fireworks, the club stated that it did everything within its power to prevent such incidents from happening, emphasizing that no fireworks were thrown, no disturbance was caused and nobody was injured.
Legal framework Article 16 (2) UEFA Disciplinary Regulations; Article 38 UEFA Safety and Security Regulations.
Decision
The CEDB noted that regarding the blocking of stairways that the club admits the incident, accordingly violating Article 38 SSR. The same goes for the usage of laser pointers and the setting off of fireworks, which was clearly established by the official reports, and the CEDB stressed that the both the use of laser pointers and the setting off of fireworks can seriously affect the physical wellbeing of the person who is targeted and can also disrupt the match. Given that the club had been punished previously for all three violations, the CEDB deemed that a fine of €54’000 was the appropriate sanction.
Chairman: Partl Thomas (AUT)
Vice-Chairmen:
Berzi Sándor (HUN)
Hansen Jim Stjerne (DEN)
Members:
Gea Tomás (AND)
Leal João (POR)
Lorenz Hans (GER)
Řepka Rudolf (CZE)
on Thursday, 21 September 2017. Posted in Sports, Football, Cases, Articles, Regulation & Governance
Ninth Circuit refuses reconsideration of NCAA No-Felons Rule
PK-35 Vantaa (Insulting / molesting acts; dismissal from the bench), Decision of 21 September 2017, UEFA Decision
Circumstances of the case
According to the referee’s report and the delegate´s report, Mr. Pasi Jaakosaari, PK-35 Vaanta assistant coach, was dismissed in the 83rd minute for showing dissent to the referee. Mr. Jari Vaisanen, PK-35 Vantaa Coach, after the final whistle entered the referee's room without permission behaving in unsporting and aggressive manner.
Legal framework Article 11 (1) UEFA Disciplinary Regulations; Article 15 (1) (a) UEFA Disciplinary Regulations
Decision
The CEDB, after analysing the official reports, considers that both officials incurred in an unsporting behaviour breaching the general principles of conduct. In this regard, any individual must comply with the principles of ethical conduct, loyalty, integrity and sportsmanship. The circumstances of this incident draws a picture in which, mainly the attitude of the head coach is not to be accepted at football matches. The authority of the referees, the officials and UEFA is not to be undermined by any person participating at a match. If UEFA would accept that coaches and officials show dissent in the aggressive, insulting, insisting and threatening manner as it was done in the case in hand, that would have an impact on the performance of the referees and the competition itself which is completely unacceptable, violating Art. 15 (1) (a) and (d) of the UEFA Disciplinary Regulations. Regarding Mr. Pasi Jaakosaari, the CEDB is not comfortable satisfied as to increase the standard minimum sanction of one match suspension. For Mr. Jari Vaisanen, the CEDB is impressed by the highly violent, insisting and aggressive behavior, warranting for a twomatch suspension.
Chairman: Partl Thomas (AUT)
Vice-Chairmen:
Berzi Sándor (HUN)
Hansen Jim Stjerne (DEN)
Members:
Gea Tomás (AND)
Larumbe Beain Kepa (ESP)
Leal João (POR)
Lorenz Hans (GER)
Řepka Rudolf (CZE)
on Thursday, 21 September 2017. Posted in Sports, Football, Cases, Articles, Regulation & Governance
Fight for legal fees begins in $209 million student-athlete vs. NCAA settlement
Confidential data leaks – what are the vicarious liability risks for sports organisations?
Published Wednesday, 20 September 2017.
Olympic Movement and athletes All In as IOC Athletes' Commission launches ambitious Strategy
The Cycling Anti-Doping Foundation and Anti-Doping Norway announce anti-doping measures for 2017 UCI Road World Championships
Interview with Takuya Yamazaki - the challenges for football players rights in Asia - Episode 53
Jarrod Poort Whereabouts violation
'An Apple Watch in play to keep the pitcher at bay’: Major League Baseball’s latest cheating scandal
Published Tuesday, 12 September 2017.
The lifecycle of an international athlete: Part 2 – Key immigration issues when entering the UK
Published Monday, 11 September 2017.
Who has jurisdiction over international football transfer disputes?
Published Saturday, 02 September 2017.
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Showtime on the ropes for livestream trouble during Mayweather-McGregor fight
Jason Holder reprimanded for breaching ICC Code of Conduct
Experts to discuss legal issues in eSports at LawInSport 3rd Annual Conference
INTERPOL Integrity in Sport Bi-Weekly Bulletin - 7-20 August 2017
The obstacles to UFC fighters’ unionisation
Published Saturday, 26 August 2017.
U.S. weightlifting athlete, Zack Herbert, accepts sanction for anti-doping rule violation
A brief review of China’s new 100% ‘transfer tax’ on footballers
Published Friday, 25 August 2017.