The Court of Arbitration for Sport (CAS) issued a ruling on February 4, 2020, in the case between Club Atlético Boca Juniors and CONMEBOL & Club Atlético River Plate, stemming from incidents during the 2018 Copa Libertadores final. The dispute arose after an attack on Boca Juniors' team bus by River Plate supporters, which led to injuries among players and the postponement of the match. The CAS panel, composed of Prof. Massimo Coccia, Mr. Juan Pablo Arriagada, and Mr. András Gurovits, addressed key legal issues, including the scope of CAS review, strict liability of clubs for supporter misconduct, and the proportionality of sanctions.
The panel clarified that its review was de novo but limited to the appealed decision, ensuring no violation of the double jeopardy principle. It upheld the strict liability doctrine under Article 8 of the CONMEBOL Disciplinary Regulations (CDR), holding clubs responsible for supporter misconduct regardless of fault. However, the panel emphasized that strict liability is subject to spatial limitations, confined to the stadium and its functional "surroundings." It outlined three criteria for assessing incidents: geographic proximity to the stadium, direct linkage to the match, and negative impact on the event. The panel rejected rigid interpretations of "surroundings" based on local laws, advocating instead for a functional approach to deter hooliganism effectively.
The case involved two separate disciplinary proceedings: one for the bus attack (O-212-18) and another for incidents inside the stadium (O-213-18). The panel criticized CONMEBOL for splitting the proceedings unnecessarily, as the original complaint by Boca Juniors covered all incidents. Despite this, the panel focused on the bus attack, which occurred approximately 700 meters from the stadium, outside the designated security perimeter. The attack caused physical and psychological harm to Boca Juniors' players, leading to the match's postponement. Medical reports documented injuries such as corneal abrasions and respiratory distress, with psychological trauma rendering some players unfit to compete.
Boca Juniors sought River Plate's disqualification from the tournament, arguing that the attack warranted severe sanctions under strict liability. CONMEBOL and River Plate countered that the incident fell outside the club's responsibility, as it occurred in an area controlled by public authorities. They also cited a Postponement Agreement, which both clubs had signed to reschedule the match under fair conditions, as evidence that Boca Juniors had waived further complaints. The panel found the agreement valid but ruled it did not preclude disciplinary action, as it lacked explicit language waiving such rights.
The panel concluded that River Plate was strictly liable for the bus attack, as it met the criteria of geographic proximity, direct linkage to the match, and negative impact. However, it deemed disqualification disproportionate, considering River Plate's limited control over the incident area and the sanctions already imposed (two closed-door matches and a $400,000 fine for stadium incidents). Instead, the panel imposed an additional two-match closed-door sanction for River Plate in the next Copa Libertadores edition, emphasizing deterrence while respecting proportionality.
The decision reinforced the balance between strict liability and fairness in sports governance, highlighting the need for case-by-case assessments. It underscored the autonomy of sporting regulations from local laws and the importance of consistent application to maintain competition integrity. The panel's ruling provided clarity on disciplinary procedures and liability in football, ensuring sanctions align with regulatory goals while respecting procedural rights. The case concluded with the parties confirming satisfaction with the hearing process, and the Panel invited submissions on costs. The CAS award resolved a contentious dispute, reinforcing the principles of accountability and fairness in international sports arbitration.