CAS 2015/A/4151, Panathinaikos FC v. Union des Associations Européennes de Football (UEFA) & Olympiakos FC, Award of 26 November 2015 (Operative Part of 24 August 2015)

Abstract

In the context of the two-stage procedure undertaken by UEFA in respect of match-fixing, UEFA is entitled to take an administrative measure—non-admission to a competition for one season—followed by a subsequent disciplinary procedure. Nevertheless, despite the administrative measure not being of a purely sanctioning nature, a certain standard of proof must be met. In case the competent body, on the basis of all the factual circumstances and information available, is not comfortably satisfied of a direct or indirect involvement of the club in match-fixing activities, the club shall be declared eligible and be admitted to the competition. Another competitor may appeal the decision admitting a club into a competition, only if it can demonstrate that it is directly or legally affected by the decision at stake. Thus, not all competitors in a competition are automatically deemed affected. In the event that the competition is already underway, the required evidence of a sufficient interest is even stricter as any replacement measure is considered as disruptive and would fall under the competence of the Emergency Panel to deal with in the scope of its margin of discretion and bearing in mind a smooth running and integrity of the competition.