The case involves Legia Warszawa SA, a Polish football club, appealing against a decision by UEFA and Celtic Football Club regarding the forfeiture of a UEFA Champions League qualifying match due to fielding an ineligible player, Bartosz Bereszynski, who was serving a three-match suspension. Although the player did not participate in the first leg, his brief appearance in the return leg on August 6, 2014, led UEFA to initiate disciplinary proceedings. On August 8, 2014, UEFA’s Control, Ethics and Disciplinary Body ruled the match forfeited with a 3-0 result in favor of Celtic and imposed an additional one-match suspension on the player. Legia Warszawa appealed, but the UEFA Appeals Body upheld the ruling on August 14, 2014. The club then filed an appeal with the Court of Arbitration for Sport (CAS) on August 15, 2014, requesting provisional measures to allow their participation in subsequent rounds pending a final decision.
The CAS assessed its jurisdiction under UEFA statutes, confirming it had prima facie authority to hear the appeal, which was filed within the ten-day limit. However, the CAS President emphasized that the final decision on jurisdiction and admissibility would rest with the full Panel. Legia Warszawa argued that without provisional measures, they would suffer irreparable financial and sporting harm, including lost prize money and sponsorship bonuses. The CAS examined the criteria for provisional measures, which required demonstrating irreparable harm, a likelihood of success on the merits, and a balance of interests favoring the appellant. The President found that financial compensation could remedy the damages and that Legia Warszawa had not shown a plausible case for success.
UEFA’s disciplinary rules mandate automatic forfeits for fielding ineligible players, leaving no discretion for mitigating circumstances. The CAS highlighted the strict enforcement of these regulations and the impracticality of granting provisional measures so close to the match, which would disrupt other teams, media, and spectators. The President dismissed Legia Warszawa’s argument that their previous victories (4:1 and 2:0) should grant them an advantage, citing established CAS jurisprudence that past performance does not guarantee future outcomes. Ultimately, the CAS concluded that the appellant’s interests did not outweigh those of UEFA or Celtic FC, and the request for provisional measures was denied. The decision underscores the rigorous application of UEFA’s rules and the high threshold for obtaining interim relief in sports arbitration, particularly when procedural timing and broader disruptions are considered. The case highlights the challenges clubs face in challenging disciplinary decisions and the limited flexibility in enforcing regulatory sanctions.