The arbitration error that seriously harmed Cádiz CF in its match against Elche on January 17, for which the referee Del Cerro Grande apologized, continues to give much to talk about. And in their attempt to partially repeat the match by the Andalusian entity and given the refusal of the RFEF to assume responsibilities in what is considered the most serious error since the inclusion of VAR in Spanish football, they have gone to the Administrative Court of the Sport to request the “temporary suspension” of First Division football in Spain pending a resolution favorable to their interests.
Cádiz CF, “as a result of an unfortunate and negligent action by the arbitration team, specifically the referees of the VOR Room, the CDIZ CLUB DE FTBOL, SAD was seriously harmed” and therefore they announce immediate measures that they have collected in their official media. At all points they state that they are protected by law and that there are precedents in the world of football with UEFA and FIFA as protagonists in which partial replays of various matches have been carried out. Based on this and what they consider “fair”, they trust the TAD to “guarantee the fairness and equality of the Clubs participating in it, avoiding unwanted adulteration of said competition, the result of a manifest, serious, technical arbitration error. and negligent, which at this time is still repairable and reversible”.
1) That today, March 1, 2023, the legal services of the CDIZ CLUB DE FTBOL, SAD, have submitted to the Administrative Court of Sport (TAD), Appeal against the Resolution issued by the RFEF Appeals Committee on February 9, 2022, by which the disciplinary bodies of the RFEF declare themselves incompetent to hear the request to challenge the Match raised by the CLUB SOCCER, SAD
2) That, according to said Appeal, the CDIZ CLUB DE FTBOL, SAD, in addition to justifying the jurisdiction of the RFEF bodies, reiterates its claim of partial repetition of the aforementioned Partywith retroaction to the moment before the negligent action of the arbitration team occurred, which resulted in a manifest and serious material error, from which potentially irreparable damages are derived for the CDIZ CLUB DE FTBOL, SAD
3) That said claim is consistent with other decisions adopted in the past by UEFA and FIFA, among others, in the cases of official matches that faced the National Teams of Uzbekistan – Bahrain and Norway – England, in which FIFA and UEFA, respectively, agreed to the partial replay of both matches, in order to avoid the damages that erroneously adopted arbitration decisions would cause to the teams involved. Likewise, in the Spanish sphere, there are precedents adopted in other sporting modalities and, even by the RFEF itself, which considered the partial repetition of a match appropriate and in accordance with the Law, in order to avoid damages derived from refereeing errors, as happens in our case.
4) That, in addition to the foregoing, within the framework of said Appeal before the TAD, the CDIZ CLUB DE FTBOL, SAD has requested the adoption of precautionary measures consisting of the temporary suspension of the First Division competition (“Santander League“), until the effective resolution of the File by the competent bodies, in our firm conviction, founded on Law, that only with the adoption of said precautionary measure can it be possible to avoid an increase in the damages caused to the CDIZ CLUB DE FTBOL , SAD or, where appropriate, prevent such damage from becoming absolutely irreparable
5) That, in line with the foregoing, the CDIZ CLUB DE FTBOL, SAD considers, and as he has exposed it before the TADthat the adoption of the proposed precautionary measure is absolutely necessary to safeguard the integrity of the competition and guarantee the fairness and equality of the Clubs participating in it, avoiding unwanted adulteration of said competition, the result of a manifest technical arbitration error, serious and negligent, which at this time is still repairable and reversible.
6) That, for all these reasons, the CDIZ CLUB DE FTBOL, SAD understands that the TAD should soon issue a resolution favorable to the interests of the Entity, in our firm conviction that reason assists us and the Law and, furthermore, in the understanding of the CDIZ CLUB DE FTBOL, SAD that any decision contrary to the above would seriously affect the integrity and development of the sporting competition in question.
