2.15.Op 8 april 2015 heeft de UEFA Control, Ethics and Disciplinary Body (hierna: UEFA Control) de volgende uitspraak gedaan:
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2. On 4 April 2015, England played against Norway an European Women’s Under-19 Championship 2015 match. In the minute 95, the referee whistled a penalty kick against Norway which was taken by the FA player [B] . Before taken the penalty kick a player from the England team encroached the penalty area. The FA player scored the penalty, but the referee annulled the goal and awarded a free kick to Norway.
3. On 5 april 2015 the FA filed a protest on the basis of alleged obvious violation of a rule by the referee as defined in Article 50 (1) (d) DR. In particular, the FA protested against the referee’s decision of awarding a free kick instead of ordering to retake the penalty kick in accordance to the 14 Law of the FIFA Laws of the Game.
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9. According to Article 9 (5) DR, the provisions of UEFA DR relating to protests against match results affected by a referee’s decision that was an obvious violation of a rule remain applicable.
10. According to Article 50:
A protest is admissible only if it is based on:
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d) an obvious violation of a rule by the referee that had a decisive influence on the final result of the match
11. According to Law 14 of the FIFA Laws of the Game, if the referee gives the signal for a penalty kick to be taken and, before the ball is in play, one of the following occurs:
a team-mate of the player taking the kick infringes the Laws of the Game:
- the referee allows the kick to be taken
- if the ball enters the goal, the kick is retaken
- if the ball does not enter the goal, the referee stops play and the match is restarted with an indrect free kick to the defending team from the place where the infringement occurred
a team-mate of the goalkeeper infringes the Laws of the Game:
- the referee allows the kick to be taken
- if the ball enters the goal, a goal is awarded
- if the ball does not enter the goal, the kick is retaken
12. According to Law 5 of the FIFA Laws of the Game, the decisions of the referee regarding facts connected with play, including whether or not a goal is scored and the result of the match, are final.
13. It is undeniable that after almost every match, referees find themselves criticised for decisions they made on the pitch and the parties that feel disadvantaged regularly complaint about these situations. If every decision taken by the referee would be challenged and reviewd, the smooth running of the competition would become impossible. Consequently, Law 5 of the Laws of the Game has been construed as referring to factual decisions, which are final and not to be reviewed.
14. Nevertheless, the above does not permit a blanket ban on challenges to referees’ decision, as it is the case of factual decisions taken by the referee, but not on technical decisions.
15. Technical decisions are those decisions that precede factual decisions taken by the referee who, once deciding over a factual circumstance applies then the rules of the game. Briefly, factual decisions are separated from technical decisions insofar as a factual decision is asserted in the perception of the referee, which is not to be contested or opposed by any means. The jurisprudence of the UEFA disciplinary bodies in combination with the UEFA DR is clear in this regard. There is no room to review a factual decision taken by the referee on the field of play. In contrast, a technical decision derives from the enforcement of the rules following a previous factual decision, being here no room for interpretation as it is a straight enforcement of the rules.
16. Bearing the above in mind, only technical decisions taken by the referee are to be reviewed and, only, in exceptional circumstances, for instance, exclusively when the latter had a decisive influence on the final result.
17. The required decisive influence on the final result is to be understood here as an obvious and undutiful impact to the final result and not a possible or potential influence deriving from an erroneous technical decision taken by the referee during the course of the match. It follows, that an incidental technical mistake by the referee that had no impact or no obvious influence on the final result of the game is not to be reviewed in accordance with Article 50 (1) (d) DR.
18. In the case in hand, and according to the information given by the parties and the UEFA officials, a penalty kick was given to the FA at the 95 minute. The FA player scored the penalty, but due to the fact that a co-mate entered the penalty area the referee annulled the goal and granted a free kick to Norway.
19. Relevant for the case at hand is the fact that the referee annulled the penalty kick scored by the FA player and then awarded a free kick to Norway. According to the referee, the reason for deciding so was an early entering into the penalty area committed by an FA player.
20. First, the referee took a factual decision as is considered that a FA player entered the penalty area before the conflictive penalty kick was taken and whistled accordingly. Once taken this factual decision, which in accordance to the above comments is not to be reviewed by the UEFA disciplinary bodies, the referee was required to take a technical decision, i.e apply the rule, which, in this particular case, was to order the penalty kick to be retaken in accordance with the 14 FIFA Laws of the Game. Instead of doing so, the referee awarded a free kick to Norway. It follows, the referee took an incorrect technical decision.
21. However, a wrong technical decision in itself is not enough to trigger a review of such decision, which, upon that moment, could not even be contested yet. Particularly relevant for this purpose is if it had a decisive influence on the final result of the match.
22. As stated above, such decisive influence on the final result shall be obvious and undutiful. No interpretation of a future event of exposition of a chain of events is subject to examination by the UEFA disciplinary bodies, as these are completely unknown and impossible to prove. The use of the term “decisive” would then have no sense if a possible or potential influence would be enough to provoke the above referred consequences.
23. In the case in hand, a goal was annulled following a previous entrance of a team mate of the player taken a penalty kick. It is particularly relevant the fact that the penalty kick was first scored and then annulled. It seems obvious that the decision to award a free kick to Norway instead of ordering the penalty kick to be retaken had a decisive impact on the final result of the game since, first, a goal was annulled, second, the opportunity to retake the penalty kick by the FA was prevented to the latter and, third, it occurred at the minute 95th of the match being the score 1-2 in favour of Norway.
24. In the eyes of this UEFA disciplinary body and under these particular circumstances, the conditions to review the technical decision of the referee are fulfilled in accordance with Article 50 (1)(d) DR and the protest is admitted.
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