The case involves an appeal by the Football Association of Albania (FAA) against a UEFA decision regarding incidents during a qualifying match for the 2016 UEFA European Championship between Serbia and Albania on October 14, 2014. The match was abandoned due to severe misconduct by Serbian supporters, including racist chants, nationalist banners, and violent behavior, such as pitch invasions and physical attacks on Albanian players. UEFA initially sanctioned the Football Association of Serbia (FAS) with a three-point deduction, two home matches behind closed doors, and a €100,000 fine, while the FAA was penalized with a 0:3 forfeit and a €100,000 fine for refusing to continue the match after its interruption.
The Court of Arbitration for Sport (CAS) addressed several legal issues, including the FAA's standing to appeal, the classification of racist and discriminatory conduct, and the responsibility for the match abandonment. The CAS ruled that the FAA lacked standing to appeal sanctions imposed on the FAS, as it was not directly affected by those measures. It also affirmed that hateful chants calling for violence against a national or ethnic group constitute an insult to human dignity and are discriminatory under UEFA regulations. However, the CAS found that the FAA could not challenge the dismissal of these charges due to procedural limitations.
Regarding the drone incident, where a nationalist Albanian banner was flown over the stadium, the CAS upheld the €100,000 fine against the FAA, concluding that a presumptive approach could attribute the drone's operation to Albanian supporters based on contextual evidence, such as the banner's content and the players' reactions. The panel deemed the fine proportionate given the incident's sophistication and disruptive impact.
On the match abandonment, the CAS determined that the referee did not issue a clear and unconditional order to resume play, as required for a forfeit sanction. Testimonies revealed confusion among officials, with no definitive security assessment conducted before attempting to restart the match. The panel emphasized the Albanian team's legitimate safety concerns, given the violent and racist behavior of Serbian supporters, and found their refusal to continue justified. Consequently, the CAS annulled the 0:3 forfeit against the FAA, holding the FAS solely responsible for the abandonment due to its failure to ensure security. The FAS was instead sanctioned with a 0:3 forfeit, in addition to its prior penalties.
The ruling reinforced the principle of strict liability for associations regarding supporter misconduct while highlighting the importance of procedural fairness and player safety. It underscored the challenges of addressing racism and violence in football, balancing disciplinary measures with the need for clear evidence and unambiguous referee decisions. The CAS partially upheld the FAA's appeal, dismissing certain claims due to lack of standing but absolving the FAA of responsibility for the match's abandonment. The final decision attributed the forfeit to the FAS, concluding the legal proceedings.