“Force majeure” implies an objective rather than a personal impediment, beyond the control of the “obliged party”, that is unforeseeable, that cannot be resisted and that renders the performance of the obligation impossible. Such notion, which corresponds to general definitions widely accepted, appears specifically embodied in a provision set by Ukrainian sporting regulations.
There is no force majeure when a departure on time would have allowed the landing in the place where the match would be held before the deterioration of the weather conditions. There is no force majeure if it was not absolutely impossible for the club’s team to get to the place where the match would be held, if other means were available but the club opted to fly, at a time when the risk of adverse meteorological conditions was known and the impossibility of the aircraft to land was caused by a late departure.
Facts/Procedure
On 30 October 2013, a football match between Dnipro and FC Chernomorets Odessa, corresponding to the 1/8 final round of the Ukrainian Football Cup 2013-2014, was scheduled to take place in Odessa, Ukraine. The match, however, could not be played because Dnipro could not arrive to Odessa.
On 19 November 2013, Dnipro sent a letter to the Control and Disciplinary Committee of the Football Federation of Ukraine (the C&D Committee), indicating that its failure to reach Odessa for the Match was caused by...
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