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By Roberto Arcella (lawyer)
Please note that art. 55 of the NOIF (Federal Internal Organizational Rules) establishes, in paragraph 1, that “Teams that do not appear on the field within the term referred to in art. 54, section 2, it is considered that he has renounced the tender with the consequences provided for in art. 53, unless they prove the existence of force majeure».
In the specific case, according to the SSC Napoli, it seems to want to adduce such a cause of force majeure as a consequence of an alleged prohibition of expulsion from the home imposed on its athletes by the ASL Napoli 1 Centro.
The thesis misses the mark.
Just read the note signed by the Director Dr. Lucía Marino, referring to «Positive case Piotr Zielinski»
in the part where it expressly refers to the Circular of the Ministry of Health prot. 21462 of June 18, 2020 (“Close contacts (of the high-risk type) identified in the epidemiological investigation should be observed and respected, also in light of the current epidemiological trend of COVID-19 to which the utmost attention is being paid to contain the spread of the infection. – in the interest of the prevalence of collective health – in accordance with the Ministerial Circular prot. 21463 of June 18, 2020 fiduciary isolation for 14 days …») And invites SSC Napoli to communicate the address where the isolation will take place in order to initiate the subsequent health surveillance actions.
Therefore, this note does not contradict – and in fact expressly refers to – the Circular of the Ministry of Health prot. 21462 of June 18, 2020. This last circular, as proof of the absence of conflict between the State and the sports legal system, is also referred to in the addendum of September 28, 2020 to the FIGC Protocol of 6/18 / 2020.
The last paragraph of the Circular in question, which introduces the concept of fiduciary isolation of the “team group”, finally provides that «in the case of positive, a player orders isolation and quarantines members of the team’s group who have had close contact with a confirmed case” is that “The Prevention Department may provide that, in light of opinion no. 88 of the Scientific Technical Committee appointed by order of the Head of the Department of Civil Protection n. 630 of February 3, 2020, the quarantine of close contacts can be followed, for the entire “group of teams”, by the execution of the test, in charge of the sports clubs, for the search for viral RNA, on the day of the scheduled race. , after the confirmation of the confirmed case of a positive Covid-19 subject, in order to obtain the results of the last swab in 4 hours and allow access to the stadium and the race dispute only to subjects who gave negative to the molecular test“And finally that”At the end of the competition, the members of the “team group” must resume the quarantine period until the deadline, under daily active surveillance by the territorially competent public health operator of the Prevention Department, without prejudice to the obligations established by the circular of this Directorate General of May 29, 2020».
These prescriptions exclude that the note of the ASL Napoli 1 Centro in question can be interpreted as a prohibition on the expulsion of individual athletes from their respective homes, recalling, on the contrary, the ministerial prescriptions designed precisely to guarantee the dispute of the race in the maximum security. And that SSC Napoli is aware of this is demonstrated by the news released by the press according to which the team will resume training on Tuesday, October 6.
It follows that it is not possible to identify any cause of force majeure in the ASL Napoli 1 Centro note.
