Real Madrid, discrimination & strict liability: how two CAS awards define clubs responsibility for supporter misconduct

In the first half of 2025, Real Madrid C.F underwent two separate UEFA disciplinary proceedings arising from supporter misconduct during two different matches of the UEFA Champions League.

One involved a mass chant at Santiago Bernabéu directed at rival coach Pep Guardiola; the other, a single supporter performing a Nazi salute during a match played in London, an incident witnessed by almost no one and generating no media coverage at the time. Yet in both cases, the CAS decisions reached materially the same conclusions on the governing principles: Real Madrid was found liable, the UEFA sanctions were upheld, and the appeals were dismissed.

The two awards - CAS 2025/A/11261 Real Madrid Club de Fútbol v. UEFA^[1] (the “Chant Award”) and CAS 2025/A/11723 Real Madrid C.F. v. UEFA^[2] (the “Salute Award”), were notified within weeks of each other and merit a joint analysis.

These awards provide guidance on three practical questions:

• how football’s anti-discrimination regime operates when liability arises regardless of fault,
• whether CAS panels are willing to interfere with disciplinary decisions; and
• what clubs and federations can do to mitigate sanctions once liability has been established.

These questions are particularly relevant as the FIFA World Cup 26^TM has just concluded, and national associations may face disciplinary proceedings arising from supporter misconduct during the event. During this competition, national federations are subject to the FIFA Disciplinary Code - which mirrors the same core principles of UEFA’s framework - including FIFA’s strict approach to supporter misconduct. Accordingly, the issues examined here extend well beyond the context of club competitions and are equally relevant in the World Cup arena.

This article looks at:

• Strict Liability in Football Law: Supporter Misconduct A Key Distinction
• Facts of the Real Madrid Awards: Strict Liability in its purest form
  • The Nazi Salute Award: an isolated act
  • The Chant Award: contested liability
• If liability is inevitable, what can clubs actually do?
  • Mitigating Factors: What is recognised?
  • Financial standing
• Powers of Review of a CAS panel: How De Novo is "De Novo"?
• Comparing the UEFA incidents to the framework at The FIFA World Cup 26™
  • Applicable Framework
  • Sanctions and the three-step protocol
  • Prevention as mitigation: Article 15(7)
  • Procedure and forum
  • Applying the FIFA framework: two worked examples
• Practical Lessons for National Federations & Football Clubs
  • Isolated incidents do not create immunity
  • Swift internal reaction may reduce sanctions, but it does not prevent liability
  • Is financial capacity relevant to proportionality?
• Conclusion