Juve-Napoli, 3-0 at the table and a penalty point

Mastrandrea approved the victory of the bianconeri, punishing the campanians who did not show up in Turin because they were blocked by the ASL

3-0 at the table for Juve. And a penalty point to Napoli for violating the anti Covid-19 sports protocol. It is the decision of the sports judge Gerardo Mastrandrea on the Juve-Napoli affair, the match not played on Sunday 4 October the failure of the Neapolitan team to arrive in Turin, blocked by the two competent local health authorities. This is the first instance decision, with De Laurentiis’ company that will appeal to the federal Court of Appeal. For the Lega sports judge, the note from ASL Napoli 1 sent on Friday (Zielinski’s positivity had already emerged, then it would be Elmas’ turn) to the Napoli team doctor declared in a “clear and unequivocal way that the responsibility in implementing the protocols provided for by the FIGC for the containment of the Covid 19 epidemic is in the hands of Soc. Napoli and therefore this company has no competence “. For Mastrandrea, the pronouncements described by the ASL “outline a picture that does not appear to be incompatible with the application of the specific rules of the special FIGC health protocol and therefore with the possibility of playing the football match scheduled in Turin”. In practice, there was no “force majeure”.

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A MATTER OF TIMES

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According to Mastrandrea, in essence, the first part of the correspondence with the ASL was not “an obstacle” to the trip and only later, with the clarifications provided on Sunday at 2.13pm, “the Authority’s order assumed an incident value and clear prescriptive connotations”. But at that point there was no more time to go to Turin, as the transfer had “in the meantime become impossible”. In other words, Napoli would have renounced the trip to Turin before the prescription of the authorities in the last mails of the correspondence. Hence, the responsibility of the club, also with respect to the violation of article 53, paragraph 2, one of the rules added by the federal council at the moment of the restart of the championship in June.

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“Not impossible”

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Therefore, the transfer of Napoli for the verdict would not have been “impossible”. Because the company would not have done everything necessary to go to Turin and respect the protocol. “However – writes Mastrandrea – it is necessary to pay attention: according to jurisprudence this cannot be valid if: (i) the factum principis is reasonably foreseeable and (ii) the debtor (ie Napoli, ed.) Has not attempted to go through all the abstractly possible alternative solutions that were offered to him to overcome the limits imposed by the provisions, obviously in full and total respect for the law, and provided that this involves a reasonable sacrifice for the debtor himself “.

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