Dr. EMILIO A. GARCÍA SILVEROHead of Disciplinary and Integrity

CAS JURISPRUDENCE ON UEFA MATTERS (2013-2015)DISCIPLINARY & FINANCIAL FAIR PLAY

SELECTED CASES

DISCIPLINARY DECISIONS AND

CAS JURISPRUDENCE

FINANCIAL FAIR PLAY AND CAS

JURISPRUDENCE

- CAS 2013/A/3139, Fenerbahçe SK v. UEFA

- CAS 2013/A/3324 & 3369, GNK Dinamo v. UEFA

- CAS 2013/A/3062, Kevint Sammut v. UEFA

- CAS 2014/A/3625, Sivasspor v. UEFA

- CAS 2014/A/3628, Eskisehirspor v. UEFA

- CAS 2013/A/3067, Málaga CF SAD v. UEFA

- CAS 2013/A/3233, PAE Giannina 1966 v. UEFA

- CAS 2014/A/3533, FC Mettalurg v. UEFA

DISCIPLINARY DECISIONS AND CAS

JURISPRUDENCE

21.02.2013: Fenerbahçe vs Bate

Borisov UEFA Europa League

Facts:

Match is played behind

closed doors.

Nevertheless….

CAS 2013/A/3139, Fenerbahçe SK v. UEFA

CAS 2013/A/3139:Fenerbahçe SK v. UEFA

Grounds: Art. 6 and 11 DR.

1. Violation of Art. 6 ECHR;

2. Actions happened outside of the stadium;

3. Fireworks were not "thrown". In the DR no mention of parachutes.

4. Proportionality.

11.03.2013: decision of the UEFA Appeals Body: 1 Match behind closed

doors + exclusion from 1 UEFA club competition – deferred

(probationary period two years) + fine (EUR 60'000).

UEFA AB Decision:

Appeal to CAS:

CAS 2013/A/3139: Fenerbahçe SK v. UEFA

Grounds: Art. 6 and 11 DR.

1. Violation of Art. 6 ECHR;

2. Actions happened outside of the stadium;

3. Fireworks were not "thrown". In the DR no mention of parachutes.

4. Proportionality.

11.03.2013: decision of the UEFA Appeals Body: 1 Match behind closed

doors + exclusion from 1 UEFA club competition – deferred

(probationary period two years) + fine (EUR 60'000).

UEFA AB Decision:

Appeal to CAS:

CAS 2013/A/3139: Fenerbahçe SK v. UEFA

Facts:

CAS 2013/A/3324 & 3369, GNK Dinamo v. UEFA

Dinamo v. Folha (UCL 13/14)

FC Sheriff v. Dinamo (UCL 13/14)

CAS 2013/A/3324 & 3369: GNK Dinamo v. UEFA

UEFA AB Decision:

Appeal to CAS:

1 match behind closed doors + € 50,000

CAS 2013/A/3324 & 3369: GNK Dinamo v. UEFA

CAS 2013/A/3324 & 3369: GNK Dinamo v. UEFA

Facts:

CAS 2013/A/3062, Kevint Sammut v. UEFA

- Norway v. Malta (EURO 2008, 2 June 2007).

- Norway won 4-0.

- The day before the match Mr. Sammut meet Mr. Sapina

(professional match-fixer) at the official hotel of the national

team of Malta.

CAS 2013/A/3062: Kevint Sammut v. UEFA

LIFE BAN

1. UEFA violated the procedural rights of Mr. Sammut.

2. The evidence relied upon y the Appeals Body is

insufficient.

3. A more lenient sanction should be imposed.

CAS 2013/A/3062: Kevint Sammut v. UEFA

CAS 2013/A/3062: Kevint Sammut v. UEFA

CAS 2013/A/3062: Kevint Sammut v. UEFA

Facts:

CAS 2014/A/3625, Sivasspor v. UEFACAS 2014/A/3628, Eskisehirspor v. UEFA

Match-fixing & Incentive Bonnus

CAS 2014/A/3625, Sivasspor v. UEFACAS 2014/A/3628, Eskisehirspor v. UEFA

No admission into UEFA Europe League 2014/2015

- Strict liability of the club.

- Standard of proof.

- Incentive bonnus vs/ integrity of the competition

CAS 2014/A/3625, Sivasspor v. UEFACAS 2014/A/3628, Eskisehirspor v. UEFA

CAS 2014/A/3625, Sivasspor v. UEFACAS 2014/A/3628, Eskisehirspor v. UEFA

FINANCIAL FAIR PLAY AND CAS

JURISPRUDENCE

2015

2004/2005

2010/2011

UEFA CLUB LICENSING

FINANCIAL FAIR PLAY REGULATIONS• To be eligible to participate in UEFA club competitions, clubs must obtain a

licence issued by the competent national body in accordance with

the CL&FFP regulations.

• In case of doubt as to whether a club fulfils the admission criteria, the UEFA

General Secretary may refer the case to the CFCB (the “Admission

procedure”).

• In addition, clubs that have been granted a

licence must comply with the “monitoring

requirements” of the CL&FFP regulations, e.g.:

- “No overdue payables” requirement:

Clubs must prove they have paid their

bills vis-à-vis employees, other football

clubs and social/tax authorities on 30

June and 30 September (since 2010/11)

- “Break-even” requirement: Clubs must

prove they do not spend more than they

earn (i.e. that they live within their

means) (since 2013/2014)

“The principal objectives behind the UEFA CL&FFP Regulations are, inter alia, to protect the integrity of UEFA club Competitions, to

improve the financial capabilities of the clubs, to protect creditors (players, tax authorities and other clubs) and to introduce more discipline

in clubs’ football finances. All of these objectives exist to protect the long-term viability and sustainability of European football.”

European Parliament (29 March 2007, 2 February 2012, 29 March

2012):

“…UEFA’s rules on licensing systems and financial fair play are helping to improve governance, restore long-term

financial stability and sustainability of clubs and contribute to financial fairness in European competitions”

Court of Arbitration for Sport (CAS 2012/A/2824 Besiktas v UEFA): :

European Commission (21 March 2012, 4 April & 14 October

2014:

“…measures to encourage greater rationality and discipline in club finances with a focus on the long-term as

opposed to the short-term, such as the Financial Fair Play initiative, contribute to the sustainable development and

healthy growth of sport in Europe”

CAS 2013/A/3067, Málaga CF SAD v. UEFA

Facts:

Decision of the UEFA CFCB:

CAS:

As per 30 June 2012: substantial overdue payables, i.e. debts

towards other clubs and towards social and tax authorities.

As per 30 September 2012: still debts existing.

December 2012: decision of the UEFA Club Financial Control

Body: fine and 1+1 yrs exclusion from UEFA competitions.

Dispute between Club and UEFA on whether amounts due by

Club as per 30.09. are "overdue payables".

Club refers to national rules to claim that amounts due to tax

and social authorities are not "overdue payables".

UEFA rejects applicability of national law: equal treatment of

all clubs definition in FFP Rules applicable to all clubs.

CAS 2013/A/3067, Málaga CF SAD v. UEFA

Sanction is proportionate: fine EUR 300'000.-

+ exclusion 1 year from European competitions

+ exclusion of another year if by date overdue payables still

existing.

CAS 2013/A/3233, PAE Giannina 1966 v. UEFA

FACTS:

Decision of the UEFA CFCB:

CAS:

The Club does not disclose to UEFA the full amount of its debts.

As per 31 March 2012: substantial overdue payables, i.e. debts

towards social and tax authorities.

On 28 May 2013, written agreement Club – tax authorities.

26 June 2013: decision of the UEFA Club Financial Control

Body: exclusion from UEFA 2013/2014 Europa League.

Grounds: - Breach of fair presentation requirement (Art. 47)

- Breach of duty, not to have overdue payables (Art. 50)

1. Jurisdiction of CFCB;

2. Legal basis for decision;

3. No overdue payables;

4. No incomplete accounts.

5. Proportionality.

CAS 2013/A/3233, PAE Giannina 1966 v. UEFA

FACTS:

- Original decision (20 December de 2013). Lack of proportionality

- New possibilities of refinancing.

- Economic difficulties club/Ukraine.

- 20 December 2013: UEFA Club Financial Control Body – 1 year exclusion from

UEFA competitions if on 31 January 2014 the debts are not solved.Decision of the UEFA CFCB:

Appeal to CAS:

- 13 March 2014: UEFA Club Financial Control Body - 1 year exclusion from UEFA

competitions.

CAS 2014/A/3533, FC Mettalurg v. UEFA

As per 30 September 2013: debts towards other clubs (€

890.000)

Dr. EMILIO A. GARCÍA SILVEROHead of Disciplinary and Integrity

CAS JURISPRUDENCE ON UEFA MATTERS (2013-2015)DISCIPLINARY & FINANCIAL FAIR PLAY