The Central Administrative Court – South gave partial reason to Benfica in the dispute with the Portuguese Football Federation (FPF) and decided to cancel the five interdiction games at Estádio da Luz that had been applied by the FPF Disciplinary Board to the eagles, in support of the Organized Groups of Fans (GOA) – the fines were maintained, hence the reference to the partial reason.
“Under the terms of article 11, paragraph 3 of RD21/22, when the sanction applicable at the time of the fact is different from that in force at a later time, the regime that specifically proves more favorable to the defendant will always be applied, unless the latter has already been convicted by a final and unappealable decision”, can be read in the Judgment, which A BOLA had access to.
It is recalled that Benfica had appealed to the Court of Arbitration for Sport (TAD), which was right, and the FPF later appealed to the Central Administrative Court – South. to illegal cheering. Here are two excerpts:
“(…) the learned judgment supported the understanding that, admitting that the aforementioned groups are in an illegal situation and that it is demonstrated, under the terms contained in the facts established by the TAD, a conduct of the defendant that
consubstantiates support for them, we believe that it is necessary to conclude that – as mentioned in the decision of the Disciplinary Board of 2/12/2019 which is at issue in the present case – the defendant challenges the regulation of competition, putting it in crisis the good name of it.”
«The proven facts show the organization, mobilization and association of the cheering groups, called Red Devils (DV) and No Name Boys (NNB), but only with the trademarks registered with the National Institute of Industrial Property, without the respective proof being proved. registration as GOA with the IPD (now APCVD), as required by art 14, nº 1 and 2 of Law nº 39/2009. The proven facts also demonstrate that the defendant supports/facilitates/collaborates with the groups named DV and NNB.”
“The demonstrated support of the appeal to the DV and NNB cheerleaders, translated into permission to enter, install, use, uninstall choreographic material – flags, banners, stripes – in support of the Club and with symbols and references to DV and NNB, that it you know they are not, nor were they at the date of the games object of the case, constituted as an association and registered with the Portuguese Institute of Sport and Youth, imposes the conclusion that the defendant challenges the regulation of the competition, putting its good name in crisis , therefore, being one of the biggest clubs in the country, it disrespects the norms tending to the prevention of violence in sport.”
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