The Court accepts LaLiga’s appeal and considers the Real Madrid videos against the referees to be sanctionable

In a ruling accessed by IUSPORT, the Central Court of Administrative Litigation No. 4 of Madrid has upheld the appeal filed by the National Professional Football League (LALIGA) and orders the TAD to open a disciplinary file regarding the videos from Real Madrid TV against the refereeing collective.

The appeal was directed against the resolution of the Administrative Sports Tribunal (TAD) dated November 21, 2024, which dismissed the appeal presented by the employer regarding the dismissal of the disciplinary file initiated against Real Madrid Football Club for the dissemination of videos on “Real Madrid TV” that, according to the complaints, pressured and harassed referees before several matches. 

The procedure was initiated following complaints filed on March 1, 2024, by Sevilla Football Club and by LALIGA before the Disciplinary Committee of the Royal Spanish Football Federation (RFEF), in which it was stated that Real Madrid C.F., through its official channel, had carried out campaigns of pressure and harassment towards the referees appointed for several matches, through the preparation and dissemination of videos on “Real Madrid TV” during the 2022-2023 and 2023-2024 seasons. Consequently, the Disciplinary Committee of the RFEF initiated an extraordinary disciplinary procedure against Real Madrid C.F. on March 7, 2024. 

After the instruction of the file, the Disciplinary Committee issued a resolution on June 5, 2024, agreeing that there was no infringement or disciplinary responsibility and dismissing the file. Against this resolution, both LALIGA and Sevilla F.C. filed appeals before the Appeals Committee of the RFEF, which were not resolved in time, resulting in presumed dismissal. In light of this, both entities appealed to the TAD, which processed the appeals jointly and, by resolution of November 21, 2024, dismissed them, considering that it could only exercise disciplinary powers at the request of the President of the Higher Sports Council or its Executive Committee, and not by complaint from individuals. 

Furthermore, regarding the subsidiary request for retroactive actions, the TAD considered that the appellants lacked active legitimacy. The ruling analyzes, first of all, the procedural exceptions raised by the State Attorney, which alleged procedural deviation and lack of active legitimacy of LALIGA. The court rejects both exceptions. Regarding procedural deviation, it considers that the contested resolution is that issued by the TAD, and that it is correct for LALIGA to challenge it in judicial proceedings, finding no deviation between what was requested in administrative proceedings and in judicial proceedings. 

As for active legitimacy, the court understands that LALIGA has a legitimate interest in challenging the TAD’s inadmissibility resolution, as it acted as an interested party in the federative disciplinary procedure and the law recognizes representative associations of economic and social interests the ownership of collective legitimate interests. On the merits, the ruling considers that the conduct of Real Madrid C.F. may constitute a disciplinary infringement according to various articles of the Disciplinary Code of the RFEF (articles 66, 68, 69, 70, and 106), since the videos disseminated exceed mere sports criticism and may affect the integrity of the competition and the honor of the refereeing collective.

The court rejects that such conduct is protected by the freedom of expression and information, stating that this right has as its limit the respect for the rules of the game and the prohibition of harassment or bullying of referees. Additionally, the court states that the TAD was competent to resolve LALIGA’s appeal, by virtue of article 84.1.a) of Law 10/1990, of October 15, on Sports, which remains in force according to Transitional Provision 3 of Law 39/2022, of December 30, on Sports (p. 10). The TAD should have ruled on the merits of the contested federative disciplinary resolution, and not limit itself to dismissing the appeal. 

Regarding LALIGA’s legitimate interest, the ruling establishes that, as the organizing entity of professional competitions, it has the obligation to ensure the proper conduct of matches and the integrity of the competition, which grants it legitimate interest in disciplinary proceedings that may affect the cleanliness and regularity of competitions.

“As a result, the ruling upholds the contentious-administrative appeal of LALIGA, annuls the administrative resolution challenged for being unlawful, and orders the retroaction of the proceedings to the federative disciplinary route, at the moment of the initiation of the instruction, so that all the evidence proposed by LALIGA that was denied can be practiced, continuing the procedure from that point. Furthermore, it imposes the costs on the defendant Administration, with a limit of 1,000 euros.

Ultimately, the ruling reinforces LALIGA’s position as a legitimized party in disciplinary proceedings that affect the integrity of professional competitions and obliges the RFEF to reopen the disciplinary file against Real Madrid C.F., allowing the practice of evidence that had been previously denied, to ensure a procedure with all guarantees and the appropriate clarification of the facts.”