True supporters, strict liability, and Feyenoord: the problem of fan-related violence in soccer.

• Author: Coenen, Peter

Introduction

This year being a Feyenoord supporter is fun again. With the addition of some key players and the contracting of a new coach, Feyenoord is slowly trying to forget about a dramatic 2006/2007 season. Struggles in the front office, meager results and to make matters worse, supporter violence led to a dramatic 2006/2007 season for the club. A match in the French city of Nancy on November 30, 2006 ended in complete pandemonium, with scenes of fan violence broadcast all over the news throughout the whole of Europe. This ultimately led to the club being suspended from European football for the rest of the season, adding to an already woeful season for the club.

Something has to be done. There is no place for violence in sports, and particularly not in professional football, where it has evolved into a huge problem. It gives the whole of professional football a bad reputation. Whilst living in the United States, the only time anything would be said about football (soccer, over there) would be when there had been another major outbreak of violence somewhere in Europe or elsewhere. This is damaging for our beloved game as such and should be eradicated.

In the last year, it seems that the problem of football (and sports) related violence has intensified again in places all over the world and in Europe, which is the focus of this article. During a European Qualifier between Denmark and Sweden on June 2, 2007, the referee gave a red card to one of the Danish players and a penalty kick to Sweden. With a score of 3-3 in the 89th minute of the game and qualification for the European Championship in Austria and Switzerland possibly on the line, a Danish fan stormed the field and attacked the referee. Luckily, the attacker was grabbed by Danish players, but not before he had reached the referee and tried to hit him. After this incident, the referee had to postpone the game and left Denmark awaiting a UEFA decision. UEFA's Control and Disciplinary Body in its decision awarded the game to Sweden, gave the Danish football association a fine and ruled that the next four home games were to be played at least 250 kilometers from Copenhagen. One of these four games will have to be played without any spectators. The Danish football association has appealed this decision of the UEFA Control and Disciplinary Body, a verdict that was later eased a little on appeal.

In Italy, during riots at a match between professional football clubs Catania and Palermo on February 2, 2007, a police officer was killed by a blow to the head from a supporter. Following this tragic event all games for the upcoming weekend were cancelled. For the remainder of the season, clubs were ordered to play their games without supporters, unless their stadiums were modified so as to guarantee the safety of the spectators. Some stadiums were already deemed safe, but in the stadiums that were deemed unsafe, this incident led to a rule which forced these stadiums to comply with the new requirements. After a couple weeks, all stadiums were deemed safe and 'life as normal' continued.

In Greece, the government suspended all professional sports for two weeks after a major riot at a volleyball match between rivals Panathinaikos Athens and Olympiakos Piraeus caused the death of a supporter. These clubs are involved in a number of sports, but draw the majority of their supporters from their football teams. After these incidents, the Greek government outlawed a number of supporters' clubs and stated that they would come up with new legislation to fight hooliganism. But competitions resumed soon after this incident. These are just a few examples of sports related instances of violence in the last year and unfortunately, they are not unique. These violent incidents have left press and policymakers screaming for drastic measures. Some measures are rapidly implemented, but in a few weeks, competitions usually resume and with it, violence as well.

This case review deals with an award from the Court of Arbitration for Sports (CAS) that confirmed the exclusion of Dutch team Feyenoord from the UEFA Cup, following riots instigated by Feyenoord supporters at the UEFA Cup match between the club and the French team AS Nancy. The legal issue in this award is whether a club has strict liability for the acts of people associated with that club, even if that club does not want to recognize these individuals as supporters of their team. Feyenoord tried to argue against UEFA's strict liability rule with regard to supporter misconduct. The strict liability rule states that a club is responsible for the conduct of their supporters, regardless of whether the club itself is at fault. Feyenoord tried to argue that their exclusion from the UEFA Cup tournament was unjustified since the supporters that were responsible for the misconduct in Nancy were not supporters of their team. Feyenoord argued that these individuals had just come to Nancy to misbehave and were not connected legally to the team itself. In the end, CAS denied Feyenoord's appeal.

What happened that day in Nancy?

Feyenoord Rotterdam is a professional football club based in the Dutch harbor city of Rotterdam. The club has a rich history, having won numerous national and international prizes. Being one of the traditional 'big three' teams in the Netherlands, the club has a large fan base at home and abroad. The club's motto is 'geen woorden maar daden', which translates as 'no words, but deeds'. This reflects the origin of the club, being founded by hard-working laborers in the city's harbor. It also reflects the no-nonsense style of football favored by the supporters.

Feyenoord is also known for its devoted and die-hard fan base. Most of these fans are great supporters who never cause any problems for the club, but a small portion of these supporters have exhibited a tendency towards violent behavior. This development can be traced back...