Circumstances of the case
Supporters of FC Zenit displayed from 75th to 87th minute a banner saying "Ratko Mladic - Hero of Serbia". In the 23rd minute, there was smoke on south tribune of the home-team supporters. In the 43rd minute, a firecracker was set off on the south tribune. In the 85th and 92 nd minutes, another massive firecracker were set off in the south tribune. None of these fireworks Impact on the game. The club explains the historical connection between Serbs and Russians, before further stating that the banner under scrutiny is not of a discriminatory, but of a political nature as it merely criticizes the decision of the International Criminal Tribunal for the Former Yugoslavia (ICTY). The club further makes reference to related CAS jurisprudence, stating that from the perspective of a “reasonable observer”, such interpretation was obvious. Finally, the club states that the banner was displayed for 12 minutes.
Legal framework Articles 14 and 16 (2) UEFA Disciplinary Regulations.
Decision
The CEDB had no reason not to believe the connection between Serbs and Russians, but could not make any assumption that the incident was rather political than discriminatory or racist. CEDB first emphasized that it is not bound by the interpretation or the comment made by the UEFA match delegate who had referred to the potential “political dimension” of the banner. Obviously, discriminatory banners can have an additional political dimension, which does not necessarily mean that such would make such banners only political. The CEDB acknowledged that one day before the match, the ICTY made its verdict in the proceedings against Ratko Mladic finding the latter guilty of 10 of the 11 charges, inter alia for genocide, war crimes and crimes against humanity. In view of such judgement, taking into account the crimes Ratko Mladic was found guilty of and which were particularly directed against the Muslim part of the relevant communities, the display of a banner which glorifies Ratko Mladic as a hero of Serbia, is obviously discriminatory with regard to the victims of the crimes committed by Ratko Mladic. Finally, the CEDB considered that the closure of the entire sector should be considered the appropriate and adequate sanction for the discriminatory banner. Regarding the setting off of fireworks, the CEDB decided that a fine of €10’000 was the appropriate sanction.
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, 07 December 2017.
Posted in Sports, Football, Cases, Articles, Regulation & Governance
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
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)
on Thursday, 19 October 2017.
Posted in Sports, Football, Cases, Articles, Regulation & Governance
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
Circumstances of the case
It was reported by the UEFA match delegate that the Legia Warszawa supporters staged an antiUEFA protest about 30 minutes before kick-off, unfurling a banner making reference to the €35’000 fine imposed on the club by UEFA. As the teams entered the pitch, a large banner was displayed implying that UEFA are pigs, additionally holding up blow-up plastic pigs. As the teams entered the pitch, a large amount of flares were ignited on either side of the banner. It was impossible to count the number, but it was more than likely to be in excess of 50.
Legal framework Article 16 (2) UEFA Disciplinary Regulations
Decision
With regards to the banner, the CEDB takes this opportunity to recall, that it cannot allow football matches organized by UEFA to become forums for people who want to abuse the game’s popularity to publicize their political or religious opinions. The CEDB further recalled that the setting off fireworks is a serious offence because not only can it disrupt the orderly running of the match but also, and more importantly, it can endanger the physical integrity of the persons who are lighting the fireworks, other spectators, officials and even the players on the pitch. In view of the long previous record of the club and the very negative picture and attitude of both the club supporters and the club itself, who is not able or willing to face a dramatic situation relating to the attitude of its supporters and to accept to comply with the UEFA disciplinary measures imposed against it, the CEDB deems that a partial closure and a fine €50´000 shall be deemed as the adequate disciplinary measures.
Chairman: Partl Thomas (AUT)
Vice-Chairman: Berzi Sándor (HUN)
Member: Larumbe Beain Kepa (ESP)
on Thursday, 17 August 2017.
Posted in Sports, Football, Cases, Articles, Regulation & Governance
Circumstances of the case
Several pyrotechnical devices were set off by AS Monaco supporters during the match, some of which with smoke development. Also, the AS Monaco players Valère Germain and Benjamin Mendy who were picked for a doping control, did not directly go to the DC room but went to their dressing room instead. The club in its statements argues that Valère Germain doesn´t speak English and could therefore not understand immediately what the assistant doping control officer told him. Regarding the player Mendy Benjamin, he had to leave the field of play at the 55th minute due to an injury. The player got the treatment immediately in the dressing room and he was only aware about the doping control after he was told when he got out of the “cold bath”.
Legal framework Article 16 (2) UEFA Disciplinary Regulations, Article 6 of the UEFA Anti-Doping Regulations
Decision
The CEDB underlined that it is of utmost importance in order to ensure the functioning and efficiency of the UEFA anti-doping programme that clubs respect and follow the regulations and directives set out by UEFA and act diligently when implementing such regulations. With regard to Mr. Germain, the CEDB deems that the above arguments put forward by the club are not sufficient to mitigate the fact that the player did not report to the doping control station immediately after the match, stating that understanding the language it is normally not necessary when approached by someone with a bib containing the wording “doping” on it. Regarding Mr. Mendy, the CEDB noted that the player was injured during the match and was already inside the dressing room when the draw took place. Hence, the CEDB deems that here the responsibility laid on the side of the club who was not able to properly inform the player in a timely manner. Thus, the club bears the responsibility over the incident. Overall, the CEDB decides to fine Mr. Germain € 5´000. In addition, the club is fined € 7´000 for its responsibility deriving from doping infringement and the improper conduct of its supporters.
Chairman: Partl Thomas (AUT)
Vice-Chairmen:
Berzi Sándor (HUN)
Hansen Jim Stjerne (DEN)
Members:
Antenen Jacques (SUI)
Gea Tomás (AND)
Leal João (POR)
Řepka Rudolf (CZE)
on Thursday, 20 July 2017.
Posted in Sports, Football, Cases, Articles, Regulation & Governance