Saturday, March 14, 2020. Do you remember that day? At the beginning of the Super League Cup, a week after Boca’s consecration in the Super League – beating River on the last date – Marcelo Gallardo’s own team had to face Atlético Tucumán again at the Monumental , just the team that had been his executioner seven days before. But the Millo, in the midst of the appearance of the coronavirus in the country, had chosen not to show up to play in order to preserve the health of its players, TCs, employees and others, beyond the possible penalties for not doing so. More than a year and a half later, the final ruling was known for that decision: the three points for the tucumanos and without discount of units for those of Núñez.
River had notified his position a day before the meeting (eThe rest of the matches on the date were played, in the midst of the prevailing uncertainty and no longer people on the field), with concern about a suspected case of Colombian Thomas Gutiérrez. Even the players on the squad had shared – and expressed – the club’s statement on social media. Already on Saturday the 14th, the referee Germán Delfino and the players of A. Tucumán moved to the Monumental stadium for the commitment, but they found the place closed. A note was taken with a clerk and the game was logically suspended.
The Dean had protested this position and, almost a year and seven months later, he was left with the victory. At first, the Discipline Tribune had exempted River from penalties, Forcing him only to take care of Atlético’s expenses on that day. However, given the knowledge that these points were worth the average, the visitor appealed in November 2020 and, months later, the matter returned to the Disciplinary Court, which ended up giving him the triumph. Triumph that serves to increase his average. Taking into account the 19-20 Super League, the first date of the Super League Cup and the Annual Table 21 (Diego Maradona Cup points do not count), Atlético has 66 points in 51 games. with a coefficient of 1,294, sharing position 13 with Colón.
Atlético’s statement during that day.
River, meanwhile, despite what is stated in article 109 of Sanctions -quest of units and fines- for not showing up, was exempted given the context of that time. End of the story.
THE FULL RULING OF THE DISCIPLINE COURT
RIVER PLATE c. ATLETICO TUCUMAN Ira. 03/14/2020 EXPTE. 84398: SEEN AND CONSIDERING: The resolution of the Court of Appeals of the AFA dated 02/11/2021 which establishes “Return the case to the Sports Disciplinary Court to resolve the request for clarification made by the CLUB ATLETICO TUCUMAN, as previously to the consideration of the appeal in subsidy, whose concession is left without effect. ” The brief presented by ATLETICO TUCUMAN on 06/23/2021 requesting Prompt Dispatch in these proceedings.
That by virtue of the clarification requested regarding the scope of the Resolution issued by this Court dated 11/19/2020, the CLUB ATLETICO TUCUMAN is right that the scope of the exemption from the sanction established in Art 109 of the RD, since said article provides three different types of sanction.
As developed in the Order of this Court, exceptional circumstances have come together that have configured a “state of justifying necessity”.
That – in the opinion of this Court – the regulatory infringement of CLUB RIVER PLATE has been objectively verified, and that this should be properly and fairly evaluated, based on the provisions of Arts. 32 and 33 of the RD
However, it has been omitted in the aforementioned Resolution to specify the scope of the exemption with respect to the sanctions of Art. 109 of the RD
And it is necessary to clarify that, although the occurrence of exceptional circumstances is incontestable, it is also true that the Resolution should not constitute a detriment to the Institution that complied and presented itself to dispute the match.
Especially taking into account that that first (and only) date of the so-called Super League Cup 2020, was played in its entirety by all the teams of the First Division, except for the clubs that are parties in the present performances.
And it should also be borne in mind that said disputed date has been considered both by the Argentine Football Association (AFA), as well as by the Professional Football League (LPF) for all relevant purposes of an official match (classification to International Cups, averages for decline and income distribution).
Due to the foregoing, and based on the principles of sport, equity and law (conf. Art. 32 RD), it should be established that the exemption of the sanction that was duly decreed in favor of CLUB ATLETICO RIVER PLATE covers the penalty of deduction of points and establishment of fine. Thus, since reasonable care and understanding regarding exceptional and serious circumstances, it is worth not applying the usual regulatory parameters.
But in order to the circumstances also outlined regarding the conduct evidenced at all times by ATLETICO TUCUMAN, the dispute of all the remaining matches on that date, as well as the computation of the same for all sporting and economic purposes, it would be unfair not to resolve that must be awarded for winning the match, with the corresponding attribution of points (in addition to the recognition of expenses in charge of CLUB RIVER PLATE, already provided in the Resolution of 11/19/2020).
For all the above, and due to the powers granted by Arts. 32 and 33 of the RD, the following RESOLUTION is issued: 1 °) Place the CLUB ATLETICO TUCUMAN request for clarification.- 2 °) By virtue of the grounds expressed in the recitals, clarify that the exemption from sanction to the CLUB ATLETICO RIVER PLATE reaches the penalties for removing points and applying the fine. (Art. 109 of the RD) .- 3 °) To consider lost the match that was to be played on 03/14/2020 for the first date of the 2020 Super League Cup, to CLUB ATLETICO RIVER PLATE, registering the result of CLUB ATLETICO RIVER PLATE 0, CLUB ATLETICO TUCUMAN 1 (Art. 109 of the RD) .- 4 °) The provisions regarding the recognition of expenses in the second considering of the Resolution of 11/19/2020 are maintained. request for clarification, please refer to the present
RIVER’S COMMUNICATION THAT DAY
Following the suggestions of the World Health Organization and attentive to the different resolutions of the national government and the City of Buenos Aires in relation to the coronavirus pandemic (COVID-19), River Plate informs that the Club will remain closed in its entirety to starting Saturday March 14 for an indefinite period.
With this measure, the Club seeks to protect the health of its members, employees and the thousands of people who attend the different activities carried out in the Institution on a daily basis.
ANDThe Department of Human Resources will coordinate with its staff forms of work in home office mode when this is possible and will give leave to those who cannot carry out their tasks remotely.
As for professional football, the Club considers that competition involves severe risks to the health of the professional team and all those involved in an official match. The fact that today one of our players has shown symptoms compatible with coronavirus (COVID-19) confirms the risks warned and forces us to become aware of the aforementioned consequences, beyond the fact that the diagnosis has not been confirmed and that Thomas Gutiérrez is evolving favorably. In view of this, River Plate has decided that, due to force majeure reasons, it will not appear in the match next Saturday, March 14 vs. Athletic Tucuman. The same decision will apply to the Lower Divisions.
From now on, we appreciate the understanding and appeal to the individual responsibility of each and every one of us. “
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