Circumstances of the case
As a reaction to the second goal scored by Celtic FC, the club’s players were celebrating at the corner flag in front of the North stand. Supporters of Linfield FC threw a plastic bottle and a cigarette lighter onto the pitch without hitting any player. In numerous occasions during the match, Linfield FC supporters threw items such as coins and plastic bottles towards the player, some of the items hitting the respective players. In the 73rd minute, a Linfield FC supporter jumped from the stand to pitch level but was immediately caught and pushed back into the stand by stewards. The club in its statements referred to the intensive security measures it implemented in such a high risk match, pointing to the fact that most of the incidents were a reaction to previous provocations by Celtic FC players.
Legal Framework Article 16 (2) UEFA Disciplinary Regulations.
Decision
With regard to the throwing of objects, the CEDB noted that a large number of object were thrown onto the field of play on several occasions. In particular, when a specific Celtic FC player wanted to take a corner kick during the match, the club´s supporters threw a large number of objects towards him, some of them according to the UEFA security officer hitting the player. The question as if those objects hit the player is irrelevant when assessing the responsibility of the club for the misconduct contemplated in Article 16 (2) (b) DR. The same stands as for the arguments referring to a previous provocation of the Celtic FC player, as well as for the pitch invasion which was admitted by the club. In view of the seriousness and multiplicity of the offences committed and the club’s previous record, the CEDB decided to order the partial closure of the Linfield FC Stadium during the next UEFA competition match in which Linfield FC would play as the host club, and, in particular Linfield FC shall closed South stand lower sector I of the stadium. In addition, the club is fined €10’000.
Chairman: Partl Thomas (AUT)
Vice-Chairmen:
Berzi Sándor (HUN)
Hansen Jim Stjerne (DEN)
Members: Gea Tomás (AND)
Leal João (POR)
Řepka Rudolf (CZE)
Wolff Joël (LUX)
on Thursday, 20 July 2017.
Posted in Sports, Football, Cases, Articles, Regulation & Governance
Circumstances of the case
In the 51st minute of the match between VPS Vaasa and Brøndby IF on 20 July 2017, the player Jan Kliment “[w]ith ball not in playing distance kicked the legs of the opponent player with violence” and was shown a red card by the referee for “violent conduct”. In its statement, the club presented an explanation from the player, stating that “[a]s I tried to run towards their goal, the opponent grabbed and held me for 3 seconds – and in the attempt to speed up I held my arm out and he fell to the ground”.
Legal framework Article 15 (1) (e) UEFA Disciplinary Regulations
Decision
The CEDB noted that none of the evidence provided by the club successfully rebuts this presumption of accuracy stipulated in Art. 45 DR. Indeed, the statement from the player does not even address the kick to his opponent. Based on the referee’s report, this is a clear case of the player trying to physically harm his opponent. Consequently, the CEDB decided that player’s behaviour during the Match constituted assault under the terms of Article 15 (1) (e) DR and needs to be punished with a three match suspension.
Chairman: PArtl Thomas (AUT)
on Thursday, 20 July 2017.
Posted in Sports, Football, Cases, Articles, Regulation & Governance
Circumstances of the case
During the UEFA Europa League 2016/2017 match between Olympique Lyonnais and Beşiktaş on 13 April 2017 (the “Match”), several incidents involving both Olympique Lyonnais and Beşiktaş’ supporters were reported. The Control, Ethics and Disciplinary Body (CEDB) considered it was established that Beşiktaş’ supporters ignited and threw fireworks towards Olympique Lyonnais’ supporters standing below their sector, causing the supporters to escape their sector and provoking a massive field invasion. Beşiktaş supporters created crowd disturbances during the match. The CEDB took into account that the club has been repeatedly sanctioned at away matches with significant fines and constantly warned about the grave consequences in persisting in this attitude. However, instead of an improvement, the incidents during the match in which the club’s supporters played a main role put in danger the life of spectators. The CEDB considered that the mere fact of throwing fireworks, which is inherently a dangerous object already for those lighting it, towards other supporters has no excuse. Added to it, the circumstance of throwing them from an elevated position towards spectators standing right below is definitely an aggravating circumstance. Also it caused an emergency situation by means of a massive field invasion. The CEDB decided on 19 April 2017 to exclude Beşiktaş from participating in the next UEFA club competition for which it will otherwise qualify (exclusion deferred for a probationary period of two (2) years) as well as to impose a fine of € 100’000. The club appealed stating that the sanctions imposed were disproportionate because it did not take into account mitigating factors. The club also held not being responsible for the behaviour of “non official” supporters.
Legal framework Article 16 (2) (b), (c) and (h) of the UEFA Disciplinary Regulations.
Decision
On 19 April 2017, the CEDB decided to exclude Beşiktaş from participating in the next UEFA club competition for which it will otherwise qualify. This exclusion is deferred for a probationary period of two (2) years. In addition, Beşiktaş is fine € 100’000. The Appeals Body rejected the appeal of Beşiktaş and upheld the initial CEDB’s decision and considered that the decision was not only justified, but the most lenient possible decision that could be taken in line with the applicable framework. The Appeals Body considered that the list of elements exposed by the CEDB constitutes enough basis for imposing the exclusion and the fine. The Appeals Body also established that the principle of strict liability applies regardless of fault and consequently, the club is responsible for any misconduct of their supporters, including the so called “unofficial” supporters.
Chairman: Pedro Tomás (Spain)
Members:
Michael Maessen (Netherlands)
Björn Ahlberg (Sweden)
on Thursday, 13 July 2017.
Posted in Sports, Football, Cases, Articles, Regulation & Governance
Circumstances of the case
By decision of the Control, Ethics and Disciplinary Body of 8 December 2016, the Luxembourg Football Federation player Dublin Yannis (the player) was suspended for the next three (3) UEFA competition matches for which he would be otherwise eligible. On 28 March 2017, the Luxembourg Football Federation played against the Football Federation of Kazakhstan in a European Under-21 Championship 2019 match (the match). The player was registered within the relevant player list, participated in the match and played for its full duration. The Control, Ethics and Disciplinary Body (CEDB) decided that the Luxembourg Football Federation is responsible for the participation of a player whilst he had still pending suspensions violating Articles 43.01 and 43.07 of the 2017-19 UEFA European Under-21 Championship Regulations. In this context, in accordance with Article 21 (2) of the Disciplinary Regulations (edition 2016), the relevant match is declared forfeit. Consequently, as per Article 21 (4) (a) of the Disciplinary Regulations (edition 2016), the Luxembourg Football federation is considered to have lost the match 3:0. The club, in its appeal, argued that it never formally received the CEDB decision of 8 December 2016 regarding the possible suspension of the player and thus, the decision has to be regarded as null and void, having as consequence that the player was not ineligible at the occasion of the match against the Football Federation of Kazakhstan.
Legal framework Article 21 (2) and (4) (a) of the UEFA Disciplinary Regulations (edition 2016). Articles 43.01 and 43.07 of the 2017-19 UEFA European Under-21 Championship Regulations.
Decision
On 18 May 2017, the CEDB decided to declare the European Under-21 Championship 2019 match Luxembourg vs. Kazakhstan played on 28 March 2017 as forfeit. The Luxembourg Football Federation is deemed to have lost the match 3:0. The appeal lodged by the Luxembourg Football Federation was dismissed by the Appeals Body and the decision of the CEDB of 18 May 2017 was confirmed. The Appeals Body indicated it was comfortably satisfied that the player was ineligible to play during the match against Kazakhstan, that the CEDB’s decision regarding the event triggering the ineligibility of the player was duly notified to the Luxembourg Football Federation, that in the hypothetical and unproven case that the Luxembourg Football Federation could not take note of the Decision, it was responsible for such circumstance and who should have made the necessary inquiry to UEFA.
Chairman: Pedro Tomás (Spain)
Members:
Michael Maessen (Netherlands)
Björn Ahlberg (Sweden)
on Thursday, 13 July 2017.
Posted in Sports, Football, Cases, Articles, Regulation & Governance
Published Wednesday, 17 May 2017.