Luxembourg Football Federation (player’s eligibility), Decision of 13 July 2017, UEFA Decision

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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)

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