The case involves Serhii Berezka, a Ukrainian football referee and former FIFA official, who appealed to the Court of Arbitration for Sport (CAS) against the Football Federation of Ukraine (FFU) and the Football Federation of Kyiv (FFK). Berezka alleged unfair treatment and unlawful decisions by the respondents, leading to his exclusion from refereeing in the Ukrainian Premier League. The dispute originated from an incident during the 2007/2008 season when Berezka refereed a match between FC Worskla and FC Dnipro. After the match, he was criticized for not awarding a penalty kick, resulting in a two-month suspension by the FFU’s Control and Disciplinary Committee. Berezka claimed this suspension led to an unofficial indefinite ban due to a personal grudge held by the FFU President, Mr. H. Surkis, who allegedly stated Berezka would never referee again under his leadership. Despite performing well in the first league, Berezka was not promoted back to the Premier League.
A subsequent incident in June 2011 involved Berezka attending a youth match where he intervened in a dispute over allegedly ineligible players. This led to accusations of misconduct by the FFK’s Control and Disciplinary Committee, which reprimanded him for failing to assist in conflict resolution, misrepresenting himself as an FFK official, and providing misleading testimony. Berezka was warned against future misconduct and required to attend a meeting to address his behavior.
Berezka appealed to CAS, arguing the respondents violated UEFA’s principles of fairness and respect. However, the CAS panel dismissed the appeal, ruling that since no formal decision had been issued by the FFU or FFK regarding Berezka’s exclusion from the referees' list, CAS lacked jurisdiction to adjudicate a non-existent decision. The panel emphasized the procedural requirement for a prior formal decision before an appeal could be entertained by CAS.
Further proceedings revealed that Berezka’s refereeing appointments were suspended as a preventive measure, pending the appeal's outcome. The FFK Appeals Committee upheld the initial decision, leading Berezka to escalate his complaints to higher bodies, including the FFU. The FFU Control and Disciplinary Committee dismissed his complaint, stating the decision was merely recommendatory and did not impose disciplinary measures. Berezka’s subsequent appeals were also rejected due to procedural deficiencies.
In December 2011, the FFU Referees Committee lifted Berezka’s suspension and reinstated him on the referees' list for the 2011/2012 season, while the FFK Executive Committee revoked its earlier decision. Despite this, Berezka filed an appeal with CAS, challenging the FFU Appeals Committee’s decision and the FFK Executive Committee’s resolution. The CAS panel, comprising Lars Halgreen, Aliaksandr Danilevich, and Bernhard Welten, reviewed the case but ultimately dismissed it due to lack of jurisdiction. The panel found no formal decision excluding Berezka from the Premier League list, only standard selection criteria based on age and performance.
Regarding Berezka’s claim of disrespectful behavior by FFU and FFK officials, the panel noted his failure to pursue internal remedies first, making the claim inadmissible at CAS. The panel concluded that Berezka had not exhausted domestic remedies available under Ukrainian football bylaws, further invalidating CAS jurisdiction. The final ruling denied jurisdiction over the appeal, dismissed all related motions, and rejected any further requests for relief. The case was closed without any favorable outcome for Berezka, as the panel found no legal basis to intervene in the decisions or alleged misconduct by the football federations or their officials. The case underscores the complexities of disciplinary actions in sports governance and the procedural challenges individuals face when contesting such decisions.