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Lazio-Torino will be played again. The decision of the sports judge Gerardo Mastrandrea came this afternoon and confirmed the “cause of force majeure” that prevented Turin from traveling to Rome to play the match on March 2. In fact, the grenade club had been detained by the local ASL for the team group’s covid cases and this case was interpreted by the judge as the lockdown case. The Serie A League now they will have to decide when to reschedule the match, but Lazio, it has been known, will soon appeal against this decision. In detail, the club’s lawyers will write an appeal before Sunday. (deadline to do so) and will analyze the reasons of the sports judge. Then they will still have 3 days to file the official appeal.
THE LAZIO COMMUNICATION CONFIRMS THE CALL
We take note of the disposition of the sports judge and we will act in all the corresponding offices to assert our reasons
THE COMMUNICATION
Sports judge Dr. Gerardo Mastrandrea, assisted by Stefania Ginesio and AIA Representative Eugenio Tenneriello, made the following decisions during the meeting of March 12, 2021:
SERIES A TIM
Soc. LAZIO – Soc. TORINO Race of March 2, 2021
Given the referee’s report on the match, he did not start by not presenting the Soc. Torino FC team;
Given the attractiveness of Soc. Torino FC. for the recognition of force majeure in accordance with art. 55 NOIF, on the non-dispute of the match in question, scheduled for March 2, 2021, at 6.30 p.m., in Rome, Stadio Olimpico, announced on March 3, 2021 and received before the deadline on March 5 from 2021;
Given the withholdings received within the deadlines, on March 10, 2021, by the SS Lazio club, In accordance with art. 67, section 7, CGS, after setting the decision-making date communicated to PEC on March 8, 2021, at 11:59 a.m.
Considering the annexes and all the documentation, and considering the documentation available sufficient to make the decisions that correspond to this Sports Judge with respect to the match;
Premise.
As stated on a recent previous occasion (Juventus-Napoli case, CU Serie A n. 65 of October 14, 2020) this Judge is summoned, assessing the merit that corresponds to him in accordance with art. 55, paragraph 2, of the FIGC NOIF, to verify only the possible existence, only for sporting purposes and therefore for the application of federal regulations, for reasons of force majeure in relation to the no-show in Rome, Stadio Olimpico, of Torino FC for the dispute of the 2020/21 Lazio-Turin championship match scheduled by Lega Serie A for March 2, 2021 at 6.30 p.m., and therefore for the possible non-application of the sanctions for the loss of the match by 0 -3 (and penalty of one point in the classification) derived from art. 53 NOIF as a result of the referee’s report that confirmed the lack of start of the match due to the lack of a team, in this case Soc. Torino, derived in other words from the lack of presentation to play the match, the automatic application of the aforementioned sanctions. provided by art. 53, except for the eventual demonstration of the existence of “force majeure”.
It is also reiterated that, therefore, this same Judge is prevented from according to well-known principles, any direct evaluation and, consequently, any determination on the legitimacy of the acts and measures, in whatever form adopted, of the state health authorities and territorial measures implemented to protect the health of individuals or the community. Nor is it allowed, as is also known, the non-application of the same acts.
In addition, also in this case, any investigation activity, and the consequent results, of the Federal Prosecutor’s Office on compliance with the FIGC scientific-sanitary protocols validated by the State Authority and other relevant profiles according to the sports system.
The acts of the ASL of Turin, Department of prevention.
Essentially 3 acts, all signed by the Director of the Department, are relevant for the purposes of this case:
note prot. North. 53354 of February 23, 2020 (rectius 2021), with which, in relation to the positive communication of SARS-CoV-2 from some (8, of which the eighth awaiting confirmation) members included in the Squadra Group, the very high probability that it could be an outbreak of The so-called Variant was detected in English, a period of home quarantine was imposed for each member of the Torino FC Squad Group, until now negative, with an absolute prohibition of expulsion from the home, for a period of at least 7 days, during which controls had to be carried out virological leave every 48 hours (also for the purposes of any resumption of individual training), obviously without prejudice to the home isolation of positive subjects, to be treated according to ministerial instructions;
note prot. North. 59662 of March 1, 2021, with which, having recognized the negativity of the molecular swabs made on February 27, 2021, in partial repeal of the obligation to stay at home for seven days referred to in the quarantine order of February 23, 2021, authorized (retroactively: “From yesterday, 28.2.2021”) the Team Group will resume training individually;
additional note (protocol unknown) dated March 1, 2021, with which, in relation to the request for clarification from Turin on the same date, it was specified that with regard to the computation of days, the day of issuance of the provision should be considered as “day 0” and that, for Therefore, in this case, the expiration of the quarantine provision was “at midnight on March 2, 2021.”
Torino FC, for its part, after the official postponement of the Turin-Sassuolo match set for February 26, 2021, requested with a note of February 27, 2021 the postponement of the Lazio-Turin match, based on the first provision of the health authority and invoking the previous jurisprudence of the CONI College of Guarantee (judgment nº 1/2021, Juventus-Naples case, indeed repeatedly invoked also by SS Lazio in its counterarguments); Request reiterated on March 1, 2021, following the determinations of the ASL of Turin.
3. The existence of force majeure, in accordance with art. 55 NOIF FIGC
It is also worth remembering this time that it is impossible to carry out the so-called factum principis when the legal or administrative provisions are dictated by the competent governmental or territorial authorities that, in order to protect the public interest for which they are responsible, impose behaviors, prescriptions or prohibitions that make it impossible the obligee to comply regardless of their will.
The reading of the institute that this Judge intends to confirm here, limited as it should be to the relative evaluation profiles of merit the application of an internal federal regulation and of an organizational nature, is markedly “objective”, and therefore it does not take into account the diligence that was carried out in the conduct and dialogue with the Authorities, precisely because it is the only case that allows not to apply, otherwise automatically, the sanction of losing the race.
In this sense, it cannot be emphasized that the same Protocol of the Series A League on October 2, 2020 is understood without prejudice to “any provision of state or local authorities.”
Having said all this, taking into account the peculiarities of this case, in the opinion of this Sports Judge, the case of force majeure is integrated, as described by federal regulations, in the same way as the prescriptive scope in this clear case. and unequivocal, so it leaves no room for doubt, of the actions of the Sanitary Company, in particular of the final interpretative / prescriptive note, also considering the repeated impossibility for this same Judge to review their legitimacy or have them, already that these are valid, valid until their possible cancellation, even partial, in court or ex officio by the same health authority.
In particular, the inconsistencies that also the SS Lazio, in the defense brief, he did not fail to point out, on the posthumous authorization of individual training and, last but not least, on the provision of a “zero day” (as a procedural deadline for the protection of a part), and therefore of deferred effectiveness the next day, due to a quarantine measure with a possible outbreak of the English variant in progress, necessarily stop before the clear disposition of the last note of the ASL, which on March 1 , timely with respect to the scheduled meeting, integrating and clarifying, although upon request, the scope of its previous minutes of February 23, it specified that the default measure lasted until the end of March 2, 2021.
If, therefore, it can be true that, in this case, contrary to what was formalized by the Sanitary Company, due to an erroneous calculation of the start date, the restrictive precautionary measure lasted until the eighth full day, with the possibility of reconstitution of the equipment. group in the bubble only on the ninth day (after all, it cannot be forgotten that the ASL itself indicated in the provision of February 23 the mandatory period of home quarantine for a period of “at least” 7 days), however, The supplementary prescription of the ASL, by setting the expiration of the default provision at midnight on March 2, 2021, intervened well in advance of the scheduled meeting, made it objectively impossible, for external causes not attributable to Torino FC, the transfer of the identified group of teams and sports performance, under penalty of the risk of incurring sanctions, including penalties.
Neither the circumstance of having requested an interpretative / confirmatory clarification of the conduct to be sustained in itself can diminish the authoritative and prescriptive value, in the unequivocal case, of the acts (and especially of the last act), which objectively pose in this case like a true factum principis.
For this reason
In dissolution of the reserve referred to in the Notice of March 4, 2021, it resolves NOT to apply the sanctions provided in art. 53 NOIF for the non-dispute of the match in question, leaving the organizational measures to the Lega Serie A necessary related to the race dispute.
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