The case involves an arbitration decision by the Court of Arbitration for Sport (CAS) regarding Paris Saint-Germain (PSG) and Neymar da Silva Santos Junior against UEFA. The dispute stemmed from Neymar's use of abusive language directed at match officials following a UEFA Champions League match between PSG and Manchester United on March 6, 2019. Neymar, who was injured and attended the match as a spectator, posted critical comments on Instagram about the refereeing decisions, particularly a VAR-awarded penalty that led to PSG's elimination. UEFA initiated disciplinary proceedings, resulting in a three-match suspension for Neymar, which PSG and Neymar appealed to CAS.
The CAS panel, led by Sole Arbitrator Prof. Ulrich Haas, addressed several key legal issues. It confirmed that CAS proceedings are de novo, allowing parties to introduce new evidence or submissions. The panel upheld the principle that harsher sanctions are justified in competition matches due to heightened public and media scrutiny, which amplifies harm to football's integrity. The term "competition matches" was broadly interpreted to include not just the game but also pre- and post-match activities, such as press conferences or social media posts closely connected to the event. The panel emphasized an objective standard for assessing the gravity of infractions, disregarding how specific social groups might interpret offensive language. While remorse could mitigate sanctions, its absence was not considered an aggravating factor.
Neymar and PSG argued that his comments were emotional and not intended as insults, but the arbitrator found that some of his language, particularly an outburst ("Ah vá …"), breached UEFA's disciplinary rules. The arbitrator ruled that while players can express disagreement with contentious decisions, outright offensive remarks warrant disciplinary action. The panel referenced a prior case where a player received a two-match suspension for similar behavior and concluded that the same sanction was appropriate here. Neymar's lack of remorse and failure to apologize to officials were noted, but his social media following was not considered an aggravating factor, as disciplinary standards apply uniformly regardless of fame.
Ultimately, the CAS partially upheld Neymar's appeal, reducing his suspension from three to two matches while dismissing other relief requests. The ruling clarified the scope of disciplinary authority in football, emphasizing the balance between permitting emotional reactions to contentious decisions and maintaining the sport's integrity. The decision underscored the importance of context and intent in evaluating misconduct under sports regulations, ensuring fairness while upholding disciplinary standards. The case highlights the procedural steps in sports disciplinary matters, from initial investigations to appeals before independent arbitration bodies like CAS, and the need for timely resolution in high-profile disputes.