The Court of Arbitration for Sport (CAS) ruled on a case involving PSV Eindhoven and UEFA concerning incidents of racist behavior by PSV supporters during a Champions League match against Arsenal FC on September 25, 2002. The match, held at Philips Stadium in Eindhoven, saw sporadic racist chants and the throwing of objects, such as plastic lighters, onto the field. While the UEFA delegate noted the incidents were isolated and praised the stadium's organization, UEFA initially fined PSV CHF 30,000. This decision was later appealed by UEFA’s disciplinary inspector, leading the UEFA Appeals Body to increase the fine to CHF 50,000 and issue a serious warning, citing PSV’s prior history of similar offenses.
The CAS examined UEFA’s disciplinary framework, particularly Article 6 of its regulations, which imposes strict liability on clubs for supporter misconduct, regardless of fault. This principle aims to deter misconduct by holding clubs accountable, even if they took preventive measures. UEFA lacks direct authority over individual supporters, so penalties target clubs to enforce compliance with its standards. PSV contested the fine, arguing it had fulfilled its duty of care and that strict liability violated Swiss law. The club also alleged UEFA abused its dominant position under competition law. However, the CAS rejected these claims, noting PSV’s failure to act decisively against racist behavior despite prior sanctions. Video evidence and testimonies confirmed the incidents, and PSV’s security measures were deemed insufficient.
The case also raised legal questions about the compatibility of UEFA’s regulations with Swiss law, particularly Articles 20 and 160–163 of the Swiss Code of Obligations (CO). PSV argued that imposing fines without fault violated good morals and constituted an unenforceable contractual penalty. The CAS, however, upheld UEFA’s authority to impose objective liability, emphasizing its role in maintaining disciplinary standards. The court also dismissed PSV’s claims that UEFA’s actions violated Dutch constitutional law, ruling that Swiss law governed the case.
Regarding the evidence, the CAS reviewed video footage, referee reports, and testimonies. While the video showed racist gestures, their extent was unclear, and referee reports did not mention the incidents. Written testimonies from Arsenal players were deemed unreliable due to their similarity and lack of corroboration. The CAS found the incidents were minor and isolated, involving only a small number of spectators. PSV had implemented a three-tier security policy, including prevention, match-day organization, and post-match repression, and maintained order during the game.
The CAS concluded that while PSV was liable under UEFA’s strict liability rule, the increased fine was disproportionate. The initial CHF 30,000 fine—one and a half times the penalty for a prior offense in 2001—was deemed appropriate given the limited severity of the 2002 incidents. The CAS reduced the fine to CHF 30,000 and removed the warning, exempting PSV from legal costs. The ruling underscored the need for proportionate sanctions and recognized PSV’s efforts to maintain security, while warning that future incidents would consider both circumstances and prior conduct. The CAS partially upheld PSV’s appeal, affirming UEFA’s disciplinary framework but adjusting the penalty to reflect the case’s specifics.