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Osasuna must return their season ticket to six Indar Gorri

Osasuna has been sentenced by the Court of First Instance number 6 of Pamplona, ​​in a resolution now confirmed by the Third Section of the Court, to return the subscriber cards to six members of Indar Gorri who accepted in May 2018 a conviction of a year in prison for belonging to a criminal group. The plaintiffs’ request to be compensated with 800 euros for non-pecuniary damage for the matches they had not been able to attend since their card was withdrawn in November 2018 is not upheld.

On that date, the manager of Osasuna informed the six plaintiffs of the measure consisting of the prohibition of going to the stadium, in application of the Law against Violence in Sport, as well as in the internal regulations of the club. It was covered, among the different regulations, in article 12 of the Club’s Statutes, which establishes that “the status of member may be suspended by final administrative decision or final judgment issued for acts contrary to the provisions for the prevention of violence, intolerance, racism and xenophobia in sporting events”.

In addition, the rojilla entity alleged that the Anti-Violence Commission had addressed the club in December 2018 to process a proposal to open a disciplinary file, which “would derive from the club’s action in relation to the members of the Indar Gorri group, addressing various senior officials of the club to reiterate that the club was failing to comply with its responsibilities and obligations as organizer of sporting events and to require them to stop such breaches, since they could result in the responsibility of the club as a legal entity, and also the responsibility of the manager and the general director of the same, as natural persons”.

However, the judge of First Instance, in the sentence now confirmed by the Court (Osasuna appealed the first conviction), states that in the criminal sentence that was imposed on the six plaintiffs in court, it was not imposed as a penalty or as a measure prevent the suspension of the convicts’ status as partners and neither did the communications addressed to the plaintiffs in which they were prohibited from going to the El Sadar stadium refer to the time that said prohibition should last. Nor is it accredited that the club manager is competent to adopt this measure, nor were those affected by it informed, nor of the means to challenge it.

EXCESSIVE AND DISPROPORTIONATE

In other words, according to the magistrate, “we find that the prohibition imposed on the plaintiffs has no legal or regulatory coverage and, since it is perpetual, to the extent that it does not establish a term of duration, it is excessive and disproportionate. It could have had the Prohibition of legal and regulatory coverage if, in view of the sentence issued by the criminal court, or of the facts for which they were tried and sentenced, the defendant Club had urged the administration or the pertinent judicial body to adopt it, but The Club did nothing about it. Hence, the judge concludes, that there is no room but to estimate the claim of the plaintiffs and return their subscriber cards. The Court adds in the appeal that dismisses Osasuna that “the prohibition of entry to sports venues cannot be imposed by a football club, but by the Administration after following an administrative file.”

NO MORAL DAMAGE

On the other hand, it rejects the claim that they be compensated with 800 euros for moral damage due to the matches they could not attend. According to the judge “it has not been proven that the fact of not being able to go to the state has caused them any kind of moral damage.

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