SC Bastia wins its legal battle against LFP

According to the judgment delivered by the Administrative Court of Appeal of Marseille, dated 29 February 2016, the suspension of land falls within the scope of application of article 24 of Law 2000-321 of 12 April 2000. On October 21, 2012, during the 9th day of the French Ligue 1 Championship, AC Ajaccio hosted Sporting Club Bastia (SC Bastia). This match, which ended with a score of parity, 0-0, was, unfortunately, marred by incidents involving, in particular, Bastia fans.

On 13 December 2012, the LFP Disciplinary Committee, considering the case, ordered the suspension, as a precautionary measure, of the Armand-Cesari stadium of SC Bastia, beginning on the following day. On 9 January 2013, the Higher Appeals Commission of the LFP, seized by SC Bastia, declared the appeal inadmissible. The latter then referred the matter to the Administrative Court of Bastia. On 9 October 2014, this court annulled the decision, dated 13 December 2012, of the LFP Disciplinary Committee, which decided to appeal this judgment to the Administrative Court of Appeal of Marseille. On 29 February 2016, the Marseille Administrative Court of Appeal rejected the LFP's request on the grounds that the suspension decision, taken pursuant to article 129 of the General Regulations of the French Football Federation (FFF) and article 2 of their annex 2, constitutes an administrative police measure that must be justified: “the quarreled measure therefore falls within the scope of article 24 of the law of 12 April 2000, which in particular obligation on the administrative authority, before the intervention of such a measure, to hire the person interested in submitting written observations and, where appropriate, upon request, oral observations.”

However, in the present case, the managers of SC Bastia were not in a position to present such observations before the intervention of that measure: the decision suspending SC Bastia's Armand-Cesari stadium was in fact applied the day after the match between SC Bastia and Olympique de Marseille. They were therefore not duly informed that a suspension measure was being considered against their stadium and were not informed of the complaints against the club.

Consequently, according to the judgment delivered by the Administrative Court of Appeal of Marseille, dated 29 February 2016, the suspension of land falls within the scope of article 24 of Law 2000-321 of 12 April 2000, under which: “individual decisions that must be substantiated [...] take place only after the person concerned has been in a position to submit written observations and, where appropriate, at his request, oral observations”. Faced with this rejection, the LFP can now appeal in cassation.

Source: Legavox.fr [/column]