The case revolves around a dispute between Real Madrid and UEFA concerning sanctions imposed after a security incident during a Champions League match on April 1, 1998, at Real Madrid's Santiago Bernabeu stadium. A goalpost collapsed due to fans climbing on a protective fence, causing a match delay. UEFA’s Control and Disciplinary Body fined Real Madrid CHF 300,000, suspended the stadium for two UEFA matches, and confiscated CHF 1,000,000, citing security violations and exceeding the spectator limit. On appeal, UEFA’s Appeals Body reduced the fine to CHF 150,000 and limited the suspension to one match but upheld the confiscation, maintaining that 85,000 spectators were present, exceeding the authorized limit of 72,648.
Real Madrid contested the sanctions before the Court of Arbitration for Sport (CAS), arguing the stadium suspension was disproportionate and disputing the spectator count. The key legal issue was whether CAS had jurisdiction, as UEFA’s statutes limit CAS’s authority to civil disputes, excluding purely sporting matters. UEFA argued the suspension was a sporting sanction, while Real Madrid claimed it had financial implications. CAS examined UEFA’s statutes, which distinguish between civil disputes (e.g., contractual or tort claims) and sporting disputes (e.g., match-related sanctions). The arbitral panel noted the difficulty in classifying mixed disputes but concluded that stadium suspensions primarily affect sporting integrity, falling outside CAS’s jurisdiction. However, fines and confiscations, being pecuniary, were within CAS’s purview.
The panel upheld the CHF 1,000,000 confiscation but corrected UEFA’s initial calculation error, which had overstated the excess attendance by comparing it to Real Madrid’s reported figure rather than the regulatory limit. The correct excess was 12,352 spectators, not 20,000, leading to a revised financial penalty of CHF 600,000 based on a ticket price of CHF 50 per seat. The CAS found Real Madrid’s internal computerized count of 65,934 tickets sold insufficiently verified, lacking details on unsold tickets, season passes, VIP tickets, or staff entries. Video footage and testimonies from the match referee and UEFA delegates supported the finding of overcrowding, with estimates suggesting attendance was closer to 90,000. Media reports also cited figures ranging from 85,000 to 100,000 spectators. While no exact number could be confirmed, the CAS concluded the stadium held at least 85,000 spectators, aligning with UEFA’s minimum estimate.
The CAS partially upheld Real Madrid’s appeal, reducing the penalty from CHF 1 million to CHF 600,000 but declined to rule on the stadium suspension, deeming it a sporting matter. The decision clarified CAS’s jurisdictional limits under UEFA’s statutes, emphasizing the distinction between financial and sporting sanctions. The case underscores the challenges in arbitrating disputes where sporting and financial elements intersect and highlights the importance of reliable documentation and corroborative proof in such disputes. The ruling aligns with both UEFA’s regulatory framework and Swiss legal principles, reinforcing the primacy of sporting considerations in this context.