Now it’s official. No ko at the table for Bologna, he decided it the Sports Judge of the Serie A League Gerardo Mastrandrea, following the failure to dispute the match against Inter on 6 January, which must therefore be played: “In dissolution of the reserve referred to in Press Release no. 128 of 8 January 2022, resolves NOT to apply the sanctions provided for by art. 53 NOIF to Soc. Bologna for failure to play the match in question, remitting the Lega Serie A the necessary organizational measures relating to the dispute of the tender “.
INTER PREPARES THE APPEAL – The provision of the Emilian AUSL was therefore “valid and effective”, so no 0-3 at the table. Judgment on Atalanta-Turin, Salernitana-Venice and Fiorentina-Udinese by 31 January. Second Sky Sport, Inter have announced that they will appeal against this decision.
THE OFFICIAL COMMUNICATION – Here is the official press release: “DECISIONS OF THE SPORTS JUDGE. The Sports Judge Dr. Gerardo Mastrandrea, assisted by Stefania Ginesio and the AIA Representative Carlo Moretti, made the following decisions during the meeting of 21 January 2022:
SERIE A TIM
Tender Soc. ATALANTA – Soc. TORINO of 6 January 2022
Race Soc. SALERNITANA – Soc. VENICE of 6 January 2022
FIORENTINA Soc. – UDINESE Soc. Race of 6 January 2022
Considering that on January 14, 2022, as per Press Release no. 138, the sports judge established that on January 21, 2022 he would rule on the aforementioned matches, currently sub judice;
also considering that the parties and the Serie A League have filed various briefs and documentation, within the terms provided for by art. 67, paragraph 7, CGS;
deemed necessary, last but not least, to investigate every single issue taking into account the peculiarities of the individual cases;
the Sports Judge decides, pursuant to art. 68, paragraph 2, CGS, to postpone the rulings on the competitions in the epigraph, which will be taken and made known by January 31, 2022.
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Race Soc. BOLOGNA – Soc. INTERNATIONAL of 6 January 2022
Background in fact
– on 6 January 2022 the Bologna-Internazionale match was scheduled at 12.30, valid for the first return day of the Serie A TIM championship;
– on January 3, 2022, CAN announced that Mr. Ayroldi had been appointed as Race Director for the Bologna-Internazionale competition;
– on 5 January 2022, at 21.23, the soc. Bologna sent the request for referral and the documentation of the AUSL of Bologna;
– on January 6, 2022 the clerk of the course Mr. Ayroldi, after the waiting time of 45 minutes, certified, on the referee report, that the match had not been able to take place due to the non-presentation of the Soc. Bologna;
– as disclosed with CU no. 128 of 8 January 2022, the Sports Judge considered the Bologna-Internazionale match “sub iudice”;
– the soc. Bologna did not lodge an appeal regarding the regularity of the race not played and / or for the recognition of force majeure pursuant to art. 55 NOIF FIGC;
– nevertheless, the available documentation can be considered sufficient to take the decisions of strict relevance of this Sports Judge with regard to the race in the epigraph, noting in particular the following;
– the provision of the AUSL of Bologna prot. n. 1343 of 5 January 2022 certified that:
• the soc. Bologna, on 30 December 2021, had communicated that two athletes, returning from Christmas holidays, therefore without having come into contact with other team members, had tested positive;
• on 5 January 2022 the soc. Bologna, on the other hand, had communicated the positivity of another three members of the team group who, on the basis of the acquired declaration of the team manager, had been in contact with twenty-seven other members on 3 and 4 January 2022;
– the Bolognese Health Authority, taking into account the high contagiousness of the virus and its considerable circulation in the area and that, unlike the first two, the other three positivity constituted in all respects an outbreak situation, not being able to exclude in definitive the occurrence, in the following hours, of further positive cases for all close contacts (communicated) of the cases already ascertained, recalled the Circular Min. health n. 60136 of 30 December 2021 as well as the general indications of the FIGC for the COVID emergency, therefore provided for:
1. isolation for 7/10 days of positive athletes;
2. strict health surveillance and the obligation to wear FFP2 masks for five days for all subjects vaccinated with a complete cycle in the last one hundred and twenty days or recovered for less than one hundred and twenty days or who have performed the booster vaccination dose;
3. home quarantine for five days, until 9 January 2022, in addition to the test, for team members with a vaccination cycle completed for more than one hundred and twenty days;
4. home quarantine for ten days, until 13 January 2022, in addition to the test, for unvaccinated team members.
– to these specific measures for the individual members, the AUSL believed, however, to add the general prohibition, for the entire team group, to participate in official sporting events for at least five days, or until 9 January 2022;
– Lega Serie A challenged the provision of the health authority before the TAR of Emilia Romagna, invoking precautionary measures; the territorial judge seised, in a single seat, rejected, with decree no. 5/2022 of 8 January 2022, the request for urgent measures, motivating exclusively on the basis of the prevalence of the public interest fundamental to the safeguarding of health safety compared to the interest claimed by the applicant Association;
– all of the above, having regard to the peculiarities of the case in question and without prejudice to any evaluation of the legitimacy of the provision that the Administrative Judge will carry out in the collective precautionary session and in the judgment on the merits, it seems evident to this Judge, in the analysis of the merits due to it according to the sports law, that the final disqualifying device of the provision of the AUSL of Bologna can validly constitute a case of force majeure, declined under the modalities of the exemption per factum principis, since it is an unnecessary determination and not in itself foreseeable, in any way – above all – urged by the Bologna company itself, which limited itself to communicating the succession of positive cases among its members, adhering for the rest, as far as is known, to the federal protocols validated by the Health Authority;
– therefore no charge, even in terms of lack of perfect diligence, can be attributed to the Bolognese club, against a provision of the AUSL (at the moment) valid and effective, and this situation seems to have also taken into account the Lega di Serie To which, also considering the requests for postponement of the Cagliari-Bologna meeting formulated on two occasions by the same Bolognese company, ordered the aforementioned tender to take place after 9 January 2022, the final date of minimum effectiveness of the Company’s provision sanitary;
PQM
in dissolution of the reserve referred to in Press Release no. 128 of 8 January 2022, resolves NOT to apply the sanctions envisaged by art. 53 NOIF for the non-dispute of the match in question, remitting the necessary organizational measures relating to the disputing of the match to Lega Serie A “.
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