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Football-legal
30
Jun
2020
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Luis TORRES MONTERO
CAS
Cases
Argentina International
Football Legal # 13

Strict Liability of Football Clubs for their Supporters’ Misconduct - Special Focus on the Boca Juniors v. River Plate & CONMEBOL case


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CAS 2018/A/6040 Club Atlético Boca Juniors v. CONMEBOL & Club Atlético River Plate
Date of the decision: 2020-02-04
Arbitrator(s): Massimo Coccia Juan Pablo Arriagada Aljaro Andras Gurovitz
Anyone who is a sports fan should be entitled to enjoy a sporting event without any concern for his/her safety. This basic idea, that one would think is rather obvious, has been threatened on many occasions by individuals that use sport as an excuse to alter the public order and the integrity of the competitions. Of course, the “Beautiful Game”[1] is not an exception to this rule, but quite the opposite. Football is arguably the most popular sport in the world with an estimated 3,500 million fans[2] and sadly, not all of those supporters behave as true sports fans when it comes to enjoying a football game.  

This article analyses how football organizations decided to tackle the misbehavior of football supporters by implementing a mechanism of strict liability that has a direct impact on clubs and national associations in cases of misconduct of their supporters (“the strict liability system”).

Introduction. Approach to the Concept of Strict Liability of Football Clubs for their Supporters’ Misconduct

In general terms, the responsibility attributable to someone who is non-compliant or an offender is based on fault. The field of international sports law is no exception to this general rule and thus, in different disciplinary regulations of international sports entities, such as FIFA’s or UEFA’s, one can find provisions referring to the negligence or fault in the conduct of the offender.

Nevertheless, there are exceptions to this general rule where the fault of the offenders will not be necessary to establish the responsibility for the wrongdoing. In those cases, the so called “strict...

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Topics
  • CAS
  • Security
Keywords
  • CONMEBOL
  • Court of Arbitration for Sport (CAS)
  • Hooliganism
  • Security
  • Supporters
  • Violence
  • Liability
  • CONMEBOL Disciplinary Unit
Find out more
  • CAS Confirms River Plate’s Sanction
  • CAS 2018/A/6040 Club Atlético Boca Juniors v. CONMEBOL & Club Atlético River Plate
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