Olympiakos FC v. Hellenic Football Federation (HFF)

At a glance

Parties

Olympiacos F.C. (Greece) v. Hellenic Football Federation (HFF); Panathinaikos F.C. took part as amicus curiae

Case no.

CAS 2023/A/10168

Forum and rules

Court of Arbitration for Sport, appeal arbitration under the CAS Code (expedited procedure)

Treaty

None. CAS jurisdiction rests on Article 60(3) of the HFF Statutes, Article 5(5) of the HFF Rules Governing the Procedure before Judiciary Bodies, Article 25(5) of the HFF Disciplinary Code and Article R47 of the CAS Code

Tribunal

Cesare Gabasio (President), Despina Mavromati, Manfred Peter Nan

Sector

Football; disciplinary sanctions for supporter misconduct

Outcome

Appeal partially upheld (29 February 2024): the one-point deduction is annulled; the 0-3 forfeit, the EUR 30,000 fine and the two matches behind closed doors are confirmed.

Amount

Sanctions challenged: 0-3 forfeit, one-point deduction, EUR 30,000 fine and two matches without spectators. The first-instance fines for all the acts totalled EUR 38,000. HFF sought at least CHF 30,000 towards its costs. The costs rulings are not shown in the published text.

The dispute

Olympiacos hosted Panathinaikos in the Greek Super League 1 on 22 October 2023. In the 49th minute, while play was stopped, an Olympiacos supporter threw a firecracker that exploded near the warm-up area. It injured Panathinaikos player Juan Carlos Perez Lopez ("Juankar"), causing temporary deafness in his left ear and horizontal nystagmus. The match was suspended. After more than two hours, the referee, Fabio Maresca, suspended it definitively. The HFF disciplinary bodies then sanctioned Olympiacos under Article 15(3)(II)(b) of the HFF Disciplinary Code and Article 21(3) of the HFF Rules on Football Matches. The sanctions were a 0-3 forfeit, a one-point deduction, a EUR 30,000 fine and two matches without spectators. Olympiacos appealed to CAS on three grounds: the match doctor never found that the player was unable to play; the suspension was caused by Panathinaikos leaving the pitch; and in the alternative, the sanctions should be reduced because it had helped the police identify the person who threw the firecracker. HFF and Panathinaikos answered that the official match reports were binding because Olympiacos had not objected to them within two working days, and that the referee had discretion to suspend the match.

Key holdings

1. Panathinaikos's request to intervene as a party was rejected. It had been a direct party at first instance but did not file its own appeal to CAS within 21 days, and it cannot "enter through the back door". Olympiacos objected to the intervention, and the sanctions concern only Olympiacos. Panathinaikos was instead admitted as amicus curiae under Article R41.4 of the CAS Code. ¶¶ 82–89
2. The temporary deafness and nystagmus recorded by the match doctor are "bodily harm" under Article 15 of the HFF Disciplinary Code. The doctor did not say whether the player was fit or unfit to play. That did not oblige the referee to resume the match, and it did not limit his power under Article 5.3 of the IFAB Laws of the Game to suspend the match definitively. ¶¶ 101–108
3. Olympiacos did not object within the two-working-day deadline in Article 23 of the HFF Rules on Football Matches. The referee's report, the suspension decision and the other official match reports are therefore binding, and testimony cannot alter them. This covers the alleged five-minute order to Panathinaikos to return to the pitch and the "pizza incident". ¶¶ 109, 117
4. The definitive suspension was a direct consequence of the firecracker and the player's injuries, not of Panathinaikos leaving the pitch. The sanctions under Article 15(3)(II)(b) of the Disciplinary Code and Article 21(3) of the Rules on Football Matches were lawful. ¶¶ 110–119
5. The match cannot be rescheduled, replayed or resumed. Under Article 21(3) of the Rules on Football Matches, a match not completed through one team's fault counts only for the sanctions, and Olympiacos's request was in any case late under Article 23. ¶¶ 120–123
6. Olympiacos "contributed demonstrably and substantially" to identifying the person who threw the firecracker, as Article 15(6)(i) of the Disciplinary Code requires: it cooperated with the Greek police and banned the person from the stadium for life. The Panel took note of the aggravating factors raised by HFF but still annulled the one-point deduction and confirmed all other sanctions. ¶¶ 124–130

Procedural history

1. 22 October 2023Olympiacos v. Panathinaikos match. A firecracker injures a Panathinaikos player in the 49th minute, and the referee later suspends the match definitively.
2. 26 October 2023First Instance Decision n. 280/2023 of the single judge of the Greek Super League Disciplinary Body. It sanctions Olympiacos (total fines of EUR 38,000, a 0-3 forfeit, a one-point deduction and two matches without spectators) and rejects Panathinaikos's intervention.
3. 10 November 2023The HFF Appeals Committee dismisses the appeals of both Olympiacos and Panathinaikos on the merits.
4. 23 November 2023Olympiacos files its Statement of Appeal with CAS and requests an expedited procedure.
5. 14 December 2023The Deputy President of the CAS Appeals Arbitration Division dismisses Panathinaikos's request for intervention.
6. 3 January 2024The Panel is constituted.
7. 12 January 2024The Panel rejects the intervention but admits Panathinaikos as amicus curiae.
8. 6 February 2024Hearing.
9. 29 February 2024Award: appeal partially upheld; the one-point deduction is annulled.

Tribunal, counsel and experts

Decided by

• Cesare Gabasio President, CAS Panel — appointed by the institution
• Despina Mavromati Co-arbitrator, CAS Panel — appointed by the claimant
• Manfred Peter Nan Co-arbitrator, CAS Panel — appointed by the respondent

For the claimant

Antonio Rigozzi · Eolos Rigopoulos · Patrik Pithon

For the respondent

Marc Cavaliero · Jaime Cambreleng · Liana Togantzi

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Keywords

• Olympiacos
• Panathinaikos
• Greek Super League
• football
• firecracker
• supporter misconduct
• strict liability of clubs
• match suspension
• referee discretion
• IFAB Laws of the Game Article 5.3
• HFF Disciplinary Code Article 15
• bodily harm
• forfeit 0-3
• point deduction
• matches behind closed doors
• reduction of sanction
• cooperation with police
• request for intervention
• amicus curiae
• Article R41.4 CAS Code

Summary generated with AI from the published documents — refer to the award for the authoritative text.