The Contentious-Administrative Chamber of the Supreme Court estimated this Monday the annulment incident raised by Getafe against the judgment of said Chamber, dated June 29, which ordered its stadium to be closed for a match due to the incidents that occurred during the match that the Azulón team played against Tenerife in June 2017.
Due to the violent events that took place during that match -definitive for promotion to the First Division-, the Royal Spanish Football Federation (RFEF) imposed on Getafe the sanction of closing its stadium for one match which was later confirmed by the Supreme Court.
The body of justice indicated, in the sentence now annulled, that Getafe had been summoned, but the club chaired by Ángel Torres did not appear at the proceedings. The Madrid entity, after hearing said sentence, filed an annulment motion alleging that it did appear in person on April 21, 2020.
“The Supreme Court, after verifying that the club is right and that it appeared in due time and manner, has annulled the sentence and has reinstated the proceedings so that Getafe Club de Fútbol, ??S.A.D., presents, within thirty days, a writ of opposition to the filing of the State Attorney’s appeal,” the Supreme Court reported through its press office.
During the match against Tenerife that Getafe played, chants such as “murderer, murderer” addressed to the Azulón player Sergio Mora and “Getafe bitch, Getafe bitch” were heard from the stands, coming from the area of ??the Canarian fans.
In addition, from one of the funds where the Getafe fans were located, smoke canisters were launched and a massive invasion of local fans took place after the end of the game. Two weeks ago, Getafe, through a statement, described as “disproportionate” the sentence that could close the Coliseum Alfonso Pérez and explained the “administrative or disciplinary” background and the “judicial background.
In this way, he reported that the RFEF Committee, in a resolution of November 7, 2017, sanctioned Getafe with the closure of the stadium for a League match. Then, Getafe filed an appeal before the RFEF Appeals Committee and by resolution of December 14, 2017, “upheld the appeal due to its expiration in the sanctioning procedure.”
However, the Competition Committee once again initiated a new procedure since the statute of limitations had not expired and on March 21, 2018, it issued a resolution agreeing to the same sanction: closure of the stadium for a League match.
Getafe filed an appeal again and the RFEF Appeals Committee upheld it and on April 19, 2018 agreed to revoke the penalty for closing the stadium and impose a fine of 18,000 euros on the Azulón club.
This resolution was appealed by the Permanent Commission of the State Commission against Violence, Racism, Xenophobia and Intolerance in Sport before the Administrative Court of Sport (TAD) which on June 15, 2018 decided to close the stadium for one match in the 2018/19 academic year. At the same time, the Madrid Government Delegation also opened two disciplinary proceedings. The first was resolved on March 22, 2018 and imposed a fine of 4,000 euros on Getafe for the invasion of the pitch, while the second culminated in a fine of 3,001 euros for the introduction of a smoke canister.
Faced with the TAD resolution, Getafe filed a contentious-administrative appeal that was dismissed by ruling on May 17, 2019, for which reason the sanction of closing the stadium for one match was maintained. Faced with this sentence, Getafe filed an appeal before the contentious-administrative chamber of the national court, which was upheld and annulled the sentence of the Court of first instance and the resolution of the TAD.
Said sentence was appealed by the State Attorney’s Office and by order of February 28, 2020, the National Court summoned the parties, including Getafe, to appear within 30 days before the contentious-administrative chamber of the Supreme Court.
Due to the Covid, all procedural deadlines were suspended and Getafe submitted in due time and form “the opportune” writ of appearance before the contentious-administrative chamber of the Supreme Court on April 21, 2020.
Getafe considered that the Supreme Court ignored the representation of the Madrid club presented in a timely manner “and continued the proceedings” without the entity chaired by Ángel Torres “with the result known through the media with the appeal of the sentence of the National Court”.
Now, the Contentious-Administrative Chamber of the Supreme Court upheld the nullity incident raised by Getafe, which will be able to start the League at home and receive Barcelona at the Coliseum Alfonso Pérez.
