The Swiss-based Court of Arbitration for Sports (CAS) today rejected Metalist Kharkiv’s second request for urgent provisional measures with regard to its disqualification from Champions League play this season by Europe’s top soccer governing body.
Following the Union of European Football Associations’ Aug. 14 decision
to disqualify Metalist on match-fixing grounds, CAS rejected the soccer club’s
first request on Aug. 16. The same day, Metalist filed a new request to the
arbitrage court in order to submit additional arguments.
“However, having considered the new request, the Deputy President of the
Appeals Arbitration Division has reached the same conclusion and rejected the
request,” reads a statement on the court’s website.
Metalist Vice President Kostyantyn Pyvovarov said he was “saddened” by the decision.
“Our lawyers will continue to work to protect the
interests of the club,” said Pyvovarov through Metalist’s press service. “The final resolution of this issue will take place
before the draw of the group stage (on Aug. 28) of the Champions League, and if the position
of Metalist will be heard and UEFA and CAS will approach the
situation with balance — we will be able to get the opportunity to play in
matches of this prestigious tournament.”
The disqualification by UEFA came after the CAS on Aug. 2 upheld match fixing sanctions issued by the Appellate Committee of the Ukrainian football federation on Oct. 19,
2010.
In particular, it found that Metalist played a fixed match against Lviv
Karpaty on April 19, 2008. Metalist was subsequently stripped of the bronze
medal for the 2007/08 season in the national championship, and a $25,000 fine
was imposed on the club. In addition, Yevhen Krasnikov, sports director for
Metalist, was fined $10,000 and was banned for five years from carrying out
soccer-related activity.
Six players, all of whom played for Karpaty in
2008, were given three- and five-year professional playing bans, as well.
Yet on Aug. 16,
the Supreme Court of Switzerland to which Metalist had also appealed, ruled to
suspend the Aug. 2 CAS ruling.
“By procedural order…the Swiss Federal Supreme Court granted suspensive
(sic) effect to a challenge filed by…‘Metalist” and its sports director against
the decision of CAS,” Lorenzo Egloff, deputy secretary-general of the Swiss
Supreme Court, e-mailed the Kyiv Post. “The suspensive (sic) effect was granted
based on a confirmation by the Ukrainian Football Association (respondent) that
it agreed with the suspensive (sic) effect requested by the appellants. The
order was thus issued based on formal reasons only and without any examination
of the merits of the challenge filed.”
The Swiss Supreme Court is expected to make a decision in the coming
weeks.
Meanwhile, the lawyer for Metalist’s Champions League ban case, Markiyan
Kliuchkovskyi, head of sports law practice at EPA&P law firm in Kyiv, said on Aug. 16 that the Supreme Court of
Switzerland’s decision means that “the decision
made by CAS on Aug. 2 loses its force until the consideration of Metalist’s
appeal by the Supreme Court of Switzerland in essence. Thus, UEFA does not have
formal grounds to keep FC Metalist from playoff games. In this situation UEFA
should reverse its decision or at least suspend it. ”
UEFA on Aug. 19 told the Kyiv Post that the Swiss Supreme Court’s ruling
has “no bearing” on whether Metalist will be reinstated to Champions League play
this season.
Meanwhile, the CAS said it will issue its final decision on Aug. 28.
“Accordingly, the UEFA decision remains in force and the CAS arbitration
procedure continues. The parties have agreed to an accelerated procedural
timetable to enable a decision to be issued on 28 August 2013,” reads today’s
CAS statement.
Draws for
this season’s Champions League group stage are scheduled for Aug. 29 in Monaco.
(This article was updated to include Metalist Vice President Kostyantyn Pyvovarov’s comments.)
Kyiv Post editor Mark Rachkevych can be
reached at [email protected].
