Panathinaikos (overdue payables), Decision of 12 December 2017, UEFA Decision

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Circumstances of the case

On 8 November 2017, the Club Financial Control Body (CFCB) Chief Investigator referred the case of the club Panathinaikos to the CFCB Adjudicatory Chamber due to the presence of overdue payables as at 30 September 2017. The club accepted the findings of the CFCB Chief Investigator, admitting the breach of Articles 65(1) and 66(1) of the UEFA Club Licensing and Financial Fair Play Regulations (CL&FFP Regulations). The club states that the aim of the club is to survive, comply with its obligations towards its creditors and asking for leniency considering its critical situation without harming the objectives of the UEFA’s Financial Fair Play System. The CFCB Adjudicatory Chamber determined that Panathinaikos has breached Articles 65(1) and 66(1) of the CL&FFP Regulations because it had overdue payables towards other football clubs and in respect to its employees as at 30 September 2017. The CFCB Adjudicatory Chamber deemed that an exclusion from the next UEFA club competition for which the Club would otherwise qualify in the next three (3) seasons and a fine of €200,000 are appropriate penalties. However, considering the circumstances and particularities of the case, the CFCB Adjudicatory Chamber decided that the exclusion as well as half of the fine, i.e. €100,000, will be lifted if the club is able to prove having paid the amounts or concluded an agreement with the creditors with regard to the amounts identified as overdue payables.

Decision

The Adjudicatory Chamber of the Club Financial Control Body (CFCB) decided to exclude Panathinaikos from participating in the next UEFA club competition for which it would otherwise qualify in the next three (3) seasons (i.e. 2018/19, 2019/20 and 2020/21 seasons), unless the club is able to prove by 1 March 2018 that it has paid the amounts or concluded an agreement with the creditors with regard to the amounts that were identified as overdue payables as at 30 September 2017.

The club was also fined €200,000, from which €100,000 is suspended and will only fall due in case the club is not able to prove by 1 March 2018 that it has paid the amounts or concluded an agreement with the creditors with regard to the amounts that were identified as overdue payables as at 30 September 2017.

Chairman: José Narciso da Cunha Rodrigues (Portugal)

Vice-Chairmen:
Christiann Timmermans (Netherlands)
Louis Peila (Switzerland)

Members:
Charles Flint (England)
Adam Giersz (Poland)

Everton FC (Aggressions by supporters against players, referees). Decision of 16th November 2017, UEFA Decision

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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)

FK Austria Wien (Improper conduct of supporters; setting off of fireworks; kit infringement), Decision of 10 November 2017, UEFA Decision

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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)

Panathinaikos FC (Stairways blocked; use of laser pointer; setting off of fireworks), Decision of 21 September 2017, UEFA Decision

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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)

GNK Dinamo (Setting off of fireworks; racist behaviour), Decision of 25 August 2017, UEFA Decision

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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)

KKS Lech Poznan (Setting off of fireworks) Decision of 17 August 2017, UEFA Decision

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Circumstances of the case

It was reported by the UEFA match delegate that the KKS Lech Poznań supporters lit around 45 Bengal lights in the 47th minute of the match at the exact same time. The club stated that it is disappointed by the behavior of this small group of supporters, however underlining that the incident did not result in any significant disturbance of the game, such as game stoppage or reduction of the TV coverage and that none of these Bengal lights were thrown.

Legal framework Article 16 (2) UEFA Disciplinary Regulations.

Decision

The CEDB referred to the principle of strict liability enshrined in Art. 8 and 16 (2) DR, noting that the club did not put forward any arguments in the present case 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 club merely referred to circumstances like that no major incidents derived from the ignition of the fireworks that are irrelevant for the assessment of the incident. The CEDB further recalled the previous record of the club, the very high number of fireworks and the potential risks created by doing so at the occasion of an away-match, and though that a fine of €30’000 and banning the club from selling tickets it its supporters for the next UEFA competition away match is the appropriate sanction.

Chairman: Partl Thomas (AUT)

Vice-Chairman: Hansen Jim Stjerne (DEN)

Members:
Antenen Jacques (SUI)
Gea Tomás (AND)
Leal João (POR)
Lorenz Hans (GER)
Wolff Joël (LUX)

Football Club Zenit (Setting off of fireworks; racist/discriminatory behaviour), Decision of 7 December 2017, UEFA Decision

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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)

FK Crvena zvezda (Illicit chants; stairways blocked; throwing of objects; improper conduct of the team), Decision of 16 November 2017, UEFA Decision

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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)

Paris Saint-Germain (Stairways blocked; Late Kick-off; Improper conduct of officials; Setting off of fireworks), Decision of 19 October 2017, UEFA Decision

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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)

FC Spartak Moskva (Setting off of fireworks; throwing of objects), Decision of 21 September 2017, UEFA Decision

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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)

Legia Warszawa (Setting off of fireworks; illicit banner), Decision of 17 August 2017, UEFA Decision

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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)

AS Monaco FC (Setting off of fireworks; Doping Control issue - Anti-doping reg), Decision of 20 July 2017, UEFA Decision

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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)


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