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2012 Football Disciplinary Dismissed English Appeal Procedure

Parties & Representatives

Appellant: Walter Mazzarri
Appellant Representative: Luigi Carluni; Mattia Grassani
Respondent Representative: Jean-Samuel Leuba

Arbitrators

President: Mark Hovell

Decision Information

Decision Date: July 11, 2012

Case Summary

Walter Mazzarri, a professional football coach, appealed a disciplinary sanction imposed by UEFA following an incident during a UEFA Champions League match between Napoli and Villareal on December 7, 2011. The referee reported that Mazzarri grabbed and pushed a Villareal player, leading to his dismissal. Initially, UEFA's Control and Disciplinary Body suspended Mazzarri for two matches, but upon appeal by UEFA's disciplinary inspector, the suspension was increased to three matches, with the third match suspended for a probationary period of two years. Mazzarri then appealed to the Court of Arbitration for Sport (CAS), seeking to overturn or reduce the sanction. The CAS panel, consisting of a sole arbitrator, reviewed video evidence and testimonies. Mazzarri argued his actions were unintentional and aimed at retrieving the ball quickly, while UEFA maintained his conduct constituted assault under its disciplinary regulations. The arbitrator concluded that Mazzarri's deliberate push qualified as assault and that his prior aggressive behavior toward an official justified treating it as recidivism, an aggravating factor. The arbitrator also noted UEFA's disciplinary framework differentiates between sanctions for players and coaches, with coaches subject to stricter penalties for assault. The CAS upheld UEFA's decision, confirming the three-match suspension with the third match conditionally suspended. The ruling reinforced UEFA's disciplinary standards, particularly regarding aggressive conduct by coaches, and clarified that recidivism can apply even if prior offenses are not identical but share a broadly similar nature. The decision highlighted the importance of maintaining discipline in football, especially for those in leadership roles like coaches. The case concluded with Mazzarri required to serve the suspension and bear a portion of the procedural costs. The CAS ruling, issued on July 11, 2012, dismissed all other claims and emphasized no further appeals would be entertained. The decision underscored adherence to disciplinary regulations and consistency with prior case law, ultimately upholding the integrity of the sport.

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