The Court of Arbitration for Sport rejects an application for urgent provisional measures filed by Adrien Silva
Everton FC (Aggressions by supporters against players, referees). Decision of 16th November 2017, UEFA Decision
Circumstances of the case
The referee of the match reported that he “he was told by the Lyon Goalkeeper, Anthony Lopes, that he was pushed or touched by a spectator from the home crowd in the brawl between players in minute 64.” The club stressed that it was not negligent in any way in relation to the organization of the match, stressing that it does not tolerate any form of aggressive behavior from the side of its supporters. The club also argues that it fully complied with all rules and regulations regarding safety and security at the match, particularly with regard to the deployment of stewards. In the incident at hand, the stewards reacted quickly and efficiently. Finally, the club held that the supporter was identified by the police and might be facing criminal charges as well as a life ban from the stadium.
Legal Framework Article 16 (2) UEFA Disciplinary Regulations.
Decision
The CEDB on a preliminary note took into account the video footage of the incident from which it can be seen how the players of both teams engage in a confrontation behind and on the goalline, close to the stands behind the goal. During said confrontation the spectators who are sitting and standing at the scene, scream, yell and gesticulate in the direction of the players, while one home-team supporter who is apparently holding a young child on his arm throws a punch at one player from the visiting team. It goes without saying that such images are more than shocking and cannot be tolerated. The CEDB emphasized that in any case, there should never be a moment when players on the pitch engage in violent altercations, but this goes even more for spectators during a match. According to Article 8 DR, which stipulates the principle of "strict liability", and Article 16 (2) DR, which builds on this principle, a club is to be held responsible for the improper conduct of its supporters, even if it might not be at fault itself. In light of the foregoing, the CEDB decided that the club is to be held responsible for the improper conduct of its supporters in accordance with Article 16 (2) (h) DR and needed to be punished with a fine of €30’000.
Chairman: Partl Thomas (AUT)
Vice-Chairmen:
Berzi Sándor (HUN)
Hansen Jim Stjerne (DEN)
Members:
Antenen Jacques (SUI)
Gea Tomás (AND)
Leal João (POR)
Lorenz Hans (GER)
Řepka Rudolf (CZE)
Wolff Joël (LUX)
on Thursday, 16 November 2017. Posted in Sports, Football, Cases, Articles, Regulation & Governance
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FK Austria Wien (Improper conduct of supporters; setting off of fireworks; kit infringement), Decision of 10 November 2017, UEFA Decision
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)
on Friday, 10 November 2017. Posted in Sports, Football, Cases, Articles, Regulation & Governance
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Sporting Clube de Portugal (Direct Red Card), Decision of 27 October 2017, UEFA Decision
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)
on Friday, 27 October 2017. Posted in Sports, Football, Cases, Articles, Regulation & Governance
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FK Crvena zvezda (Illicit chants; stairways blocked; throwing of objects; improper conduct of the team), Decision of 16 November 2017, UEFA Decision
Circumstances of the case
The stairways were blocked in the North sector, and after the final whistle when visiting players and coaches were leaving, between 15 and 20 lighters and one bottle were thrown against the tunnel - No one was hit. There was chanting from the home-supporters between the 28th and 32nd minute: UEFA is mafia. Finally, six cautions were awarded against to FK Crvena Zvezda. With regard to the blocking of stairways, the club stresses that it occurred only on one tribune, a tradition of the hard core fans and no intervention was done as a prevention of possible potential safety and security unrest. Regarding the throwing of objects, the club notes that it took all possible measures to prevent supporters from taking items inside the stadium and that the high number of spectators put together with the isolated incident and with a low number of objects thrown should speak for the efficiency of these measures. Finally, as regards the UEFA Mafia chant, the clubs stresses that it´s not illicit due to the fact that UEFA can’t be the damaged party and the judge at the same time, stressing that supporters might be unaware of the possible negative consequences for their. Finally, the club argues that UEFA itself is also more-and-more aware of the fact that, it is subject to some critical voices raised by supporters and that it would be simply counterproductive disciplinary enforcer
Legal Framework Article 15 (4) and 16 (2) UEFA Disciplinary Regulations; Article 38 UEFA Safety and Security Regulations.
Decision
The CEDB however recalled that all incidents were admitted by the club. The club merely refers to its proper preparation of the match, not presenting any explanations which would undermine the presumed accuracy of the official reports. Regarding the chants and the club’s argument about the fact that UEFA is party accused and judge in these proceedings, the CEDB decided that the argument has no merit insofar. Finally, with regard to the nature of the chant, the CEDB has no doubt that the content is not fit for a sport´s event. CEDB can´t accept that anyone or any institution is compared to a criminal organization, such as it is the mafia, on the basis of a justifiable criticism. Having the above in mind, as well as the club’s previous record, the CEDB deems that a fine € 79´000 is the adequate disciplinary measure.
Chairman: Partl Thomas (AUT)
Vice-Chairmen:
Berzi Sándor (HUN)
Hansen Jim Stjerne (DEN)
Members:
Antenen Jacques (SUI)
Gea Tomás (AND)
Leal João (POR)
Lorenz Hans (GER)
Řepka Rudolf (CZE)
Wolff Joël (LUX)
on Thursday, 16 November 2017. Posted in Sports, Football, Cases, Articles, Regulation & Governance
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