Caselaw

Civil Case (Tel Aviv) 76264-12-24 Hapoel Be’er Sheva Football Club v. Israel Football Association - part 13

March 30, 2025
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In any event, even if it were an administrative and not a disciplinary determination, and this is not the case, the court's intervention in the administrative determination is within the framework of the grounds of administrative law, and the court will not replace the discretion of the administrative body with its own discretion.

  1. We have learned, therefore, that there is no right to appeal against the decision of the Supreme Court of the Association, however, the case law has clearly determined that the fact that there is no right to appeal the decision of the Supreme Court does not mean that it is immune from judicial review.

Thus, in a series of rulings, it has been determined that on the one hand, it is possible to petition the court for review of the decisions of the Association's Supreme Court, but on the other hand, the scope of the review will be limited, and it is limited to three grounds: deviation from authority, violation of the rules of natural justice, and extreme unreasonableness.

See, for example, the long-standing judgment in the matter of 575-70 Omer Tagger et al.  v.  Israel Football Association, Ottoman Association [published on the Nevo website] (November 2, 1970):

 "The courts' areas of intervention in the decisions of internal tribunals of such voluntary bodies are, as is well known, narrow, as they are limited to grounds of deviation from authority and violation of the principles of justice."

In this regard, see also the judgment, which is still considered a guide, in the matter of Civil Appeal 674/89 Dan Turten v.  Israel Sports Association [published on the Nevo website] (March 28, 1991), which established the principle that it is possible to intervene in the decisions of the Disciplinary Court, on very limited grounds, and in particular, lack of authority and violation of the rules of natural justice.

This rule has been clarified and clarified in many judgments of both the Supreme Court and the trial courts, when it was determined that there is indeed a right to intervene in the decisions and judgments of disciplinary bodies of the sports associations, including the Football Association, but the intervention will be limited to grounds of lack of authority, violation of the rules of natural justice and extreme unreasonableness.

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