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2020 Football Disciplinary Dismissed English Appeal Procedure

Parties & Representatives

Arbitrators

President: Ulrich Haas

Decision Information

Decision Date: September 4, 2020

Case Summary

The case involves a dispute between SK Slovan Bratislava, UEFA, and KI Klaksvik regarding the forfeiture of a UEFA Champions League qualifying match due to COVID-19-related travel restrictions and quarantine measures. The match, scheduled for August 19, 2020, was declared forfeited by UEFA’s Appeals Body after Slovan Bratislava’s delegation was placed in quarantine upon arrival in the Faroe Islands due to a positive COVID-19 test. The Appeals Body ruled that Slovan Bratislava lost the match 3-0, a decision which Slovan Bratislava challenged before the Court of Arbitration for Sport (CAS). The arbitration panel, led by Prof. Ulrich Haas, examined several legal issues, including the standing to be sued, notification of decisions, and the interpretation of sports federation rules. The panel emphasized the distinction between travel restrictions (such as border closures and quarantine requirements) and travel conditions (such as mandatory testing), concluding that testing requirements do not prevent travel but impose entry conditions. The factual background revealed that Slovan Bratislava’s delegation was quarantined after a positive COVID-19 test, preventing them from playing the match. UEFA’s Appeals Body deemed this a forfeit, prompting Slovan Bratislava’s appeal. The CAS panel’s analysis focused on legal principles, regulatory interpretation, and the distinction between restrictions and conditions, ultimately upholding the procedural and substantive aspects of UEFA’s decision. The case highlights the challenges of applying sports regulations during unforeseen disruptions like the COVID-19 pandemic. Slovan Bratislava argued that KI Klaksvik failed to inform UEFA about mandatory COVID-19 testing and quarantine requirements, but the panel concluded that testing was a travel condition, not a restriction, and thus did not require disclosure. The panel also addressed procedural issues, such as the correct notification of decisions and the jurisdiction of UEFA’s Appeals Body, finding no clear indication that the Control, Ethics, and Disciplinary Body (CEDB) had sole jurisdiction over COVID-19-related disputes. The Sole Arbitrator emphasized the importance of proper notification and the need for clear jurisdictional rules, noting that procedural flaws, if any, were remedied in CAS proceedings. The case underscores the complexities of sports governance during the pandemic and the legal challenges arising from hastily adapted regulations. The CAS ultimately dismissed the appeal, confirming UEFA’s decision and ruling that Slovan Bratislava was responsible for the match’s forfeiture. The ruling highlights the importance of distinguishing between travel restrictions and conditions, as well as the need for causal links in determining liability under the UEFA Champions League Regulations. The case serves as a precedent for handling similar disputes in the future, particularly in the context of global health crises.

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