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2017 Football Disciplinary Partially Upheld English Appeal Procedure

Parties & Representatives

Appellant: Olympique Lyonnais
Appellant Representative: Antonio Rigozzi

Arbitrators

President: Ulrich Haas

Decision Information

Decision Date: August 10, 2018

Case Summary

The case involves Olympique Lyonnais (OL) appealing against disciplinary sanctions imposed by UEFA following violent incidents during a Europa League quarter-final match against Beşiktaş JK in April 2017. The Court of Arbitration for Sport (CAS) reviewed the case, focusing on the proportionality of the sanctions and the club's responsibility for the disturbances. The match was marred by severe crowd violence, including premeditated attacks by OL supporters on Beşiktaş fans, the use of pyrotechnics, pitch invasions, and inadequate security measures. UEFA's Control, Ethics, and Disciplinary Body (CEDB) found OL responsible for multiple breaches of safety regulations, imposing a €100,000 fine and a two-year probationary exclusion from UEFA competitions. OL appealed, arguing the sanctions were disproportionate, citing mitigating factors such as the lack of cooperation from Beşiktaş, French legislation restricting ticket sales, and the extreme violence of Beşiktaş supporters.

The CAS panel upheld UEFA's decision but modified the probationary period from two years to 15 months, emphasizing the need for proportionality. The panel acknowledged OL's lack of a history of violent hooliganism as a mitigating factor but found the club's security measures insufficient given the foreseeable risks. The panel rejected OL's claims that provocation or external factors excused their supporters' violence, noting that retaliation against innocent spectators, including women and children, was unacceptable. The decision highlighted the principle of strict liability, holding clubs accountable for their supporters' actions regardless of fault. The panel also addressed procedural issues, including language disputes and late evidence submissions, ensuring a fair review process.

The case underscores the challenges of managing high-risk matches and the importance of effective security measures. It reaffirms UEFA's zero-tolerance policy toward violence and the need for clubs to uphold safety standards. The CAS ruling balanced disciplinary severity with fairness, recognizing OL's efforts while holding the club accountable for its failures. The decision serves as a reminder of the consequences of inadequate crowd control and the broader implications for sports governance, emphasizing the need for proportionality and legal certainty in disciplinary actions. The panel's modification of the probationary period aimed to reduce uncertainty for OL while maintaining the deterrent effect of the sanctions. Ultimately, the case highlights the delicate balance between enforcing disciplinary measures and ensuring they are just and proportionate.

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