ECA > News > Recourse filed by the club, BM Benidorm rejected

Press Statement – Recourse filed by the club, BM Benidorm rejected

The European Handball Court of Arbitration (ECA) has rejected the claim of the Spanish club, BM Benidorm and decided to uphold the decision of the EHF administrative body dated 28 September 2020 and the EHF Court of Appel dated 14 October 2020 to the extent that the EHF administrative body acted correctly in accordance with the applicable regulations by declaring the Spanish club no longer a participant of the EHF European League Men 2020/2021 due to its non-participation.

 

With more details, the second leg game of the EHF European League 2020/21 qualification round 2 between BM Benidorm and the Austrian club, Fivers was scheduled for 29 September 2020 in Vienna, Austria. However, the Spanish team could not attend the match because of their quarantine obligation due to the fact that six Covid-19 infected players were identified at the club.

 

As a consequence of this situation the EHF administrative body decided that the club is no longer an active participant of the competition because they could not participate at the scheduled time and the opponent team had been declared as qualifying team for the next phase of the competition, which is the group phase.

 

The Spanish club lodged an appeal against the decision arguing that they could not breach the quarantine obligation therefore it was impossible for them to attend the match.

 

The EHF Court of Appeal rejected the appeal and upheld the decision of the EHF administrative body on the basis that the EHF needs to safeguard the integrity of the sport and to keep the proper continuation of the competition under exceptional circumstances.

 

As a last recourse, the Spanish club filed a claim to the ECA requesting to declare the above mentioned decisions null and void.

 

The ECA panel rejected the statement of claim of the club and found in substance that:

 

The EHF had the sufficient legal basis to issue such decisions and it was acting in accordance with its applicable regulations.

 

The measures taken by the EHF administrative body were proportionate with the consequences occurred to the club as the general interest overrules the individual one’s and the integrity as well as the smooth continuance of the competition must be safeguarded.

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