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)

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)