The Fourth Section of the Contentious-Administrative Chamber has confirmed this Tuesday the sanction against Getafe of closing the Alfonso Pérez Coliseum for a match imposed on it by the Royal Spanish Football Federation for the violent incidents recorded during the match played against Tenerife on June 24, 2017.
The Chamber has issued a new ruling on these events by considering last July an incident of nullity of the club and annulling a previous ruling, which had confirmed the sanction, by verifying that due to an error Getafe was not considered to be a party. , so he could not oppose the appeal of the State Attorney's Office.
The court explains that, once this omission was corrected, Getafe has presented its written opposition to the appeal of the State Attorney's Office in which it denounces the violation of the non bis in idem principle, understanding that it had been sanctioned twice, in disciplinary proceedings. and administrative, for those violent incidents.
In its ruling, presented by Judge Pablo Lucas, the court concludes that "the State Attorney and the lower court ruling are right in ruling out the violation of the non bis in idem principle because, effectively, if the same facts have given rise to several consequences legal reasons, the reason is none other than to impose the existence of two regulatory orders that simultaneously govern sporting events such as automobile events and respond to different foundations in what matters here."
The court exposes, on the one hand, the precepts that deal with public order and security in the development of these events, which are applied by the Government Delegation in Madrid and which resulted in the imposition of two fines on Getafe. "One for not having prevented the introduction of the smoke canister that was lit during the match and the other, for not having prevented the invasion of the playing field that occurred at the end of the match."
On the other hand, explains the Chamber, there are "the precepts of the sporting discipline", included in the Disciplinary Code of the Royal Spanish Football Federation whose legal coverage is found in articles 73 and following of Law 10/1990 and look "to the correct development of the matches."
"Therefore, what happened at the "Coliseum Alfonso Pérez" on June 24, 2017 can effectively be sanctioned with the fines imposed by the Government Delegation in Madrid due to the real danger that the considered violent events posed for the people and the assets and with the sanction imposed by the competent body in matters of sports discipline - which, ultimately, is the Administrative Court of Sports, since it is the one responsible for reviewing the decisions of the Appeal Committee - for the intense alteration of the development of the meeting that caused what happened: the closure of the Alfonso Pérez Coliseum for a match due to the infraction provided for in the also mentioned article 74.2 a) of the Disciplinary Code of the Royal Spanish Football Federation", the magistrates emphasize.
The events that have been subject to sanction date back to June 24, 2017, in the second leg of the second and final promotion tie to First Division played between Getafe and Tenerife. From the stands of the Coliseum, chants 'in a choral and coordinated manner' of 'murderer, murderer' against Sergio Mora were heard.
In that match, smoke canisters were also launched from the back, which is occupied by the most radical fans, and they prepared for the invasion of the grass. Players and referee team could not reach the locker room tunnel. The Government Delegation and the Federation opened different investigations and concluded at the time in a financial sanction and the closure of the stadium.
The match ended with a 3-1 result in favor of Getafe, which was promoted to First Division.
