The case involves Olympiacos Sports Club appealing disciplinary sanctions imposed by the Ligue Européenne de Natation (LEN) following misconduct by its supporters during a water polo match in Milan on June 22, 2007. The incident occurred during the Euro League Final Four, where Olympiacos supporters threw plastic bucket seats at Serbian supporters, causing significant material damage. LEN's Disciplinary Panel sanctioned Olympiacos, leading to an appeal before the Court of Arbitration for Sport (CAS). The CAS addressed key legal issues, including the burden of proof regarding notification of the disciplinary decision, which it ruled lies with LEN. The CAS confirmed its authority to conduct a full review of facts and law, rectifying any procedural irregularities from prior proceedings.
Olympiacos contested the sanctions, arguing procedural flaws, such as insufficient notice for the hearing and lack of access to the file. However, the CAS found these claims unsubstantiated, noting that Olympiacos had waived certain procedural rights by not raising objections earlier. The club also attempted to shift blame to event organizers or Serbian supporters, but the CAS dismissed these arguments due to lack of evidence. Witness testimony and photographic evidence confirmed Olympiacos supporters' involvement in the incident, which the CAS deemed serious enough to warrant disciplinary action.
The CAS upheld the principle of collective responsibility, emphasizing that clubs must proactively ensure security and prevent misconduct by their supporters. Olympiacos' failure to disclose the presence of potentially disruptive fans and collaborate with organizers undermined its defense. While the club cited its prior exemplary conduct as a mitigating factor, the CAS ruled that this did not outweigh the gravity of the incident. The sanctions—including fines, spectator bans for home matches, and point deductions—were deemed proportionate, as they aligned with LEN's disciplinary code and were less severe than the maximum penalties allowed.
Ultimately, the CAS dismissed Olympiacos' appeal, affirming the LEN Panel's decision. The ruling reinforced the accountability of clubs for supporter behavior and highlighted the importance of procedural fairness, proper notification, and proactive security measures in sports governance. The case underscores the CAS's role in resolving disputes and ensuring disciplinary measures are both justified and enforceable.