Caselaw

Civil Case (Tel Aviv) 76264-12-24 Hapoel Be’er Sheva Football Club v. Israel Football Association - part 17

March 30, 2025
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The first level is the extreme level of unreasonableness.  In this context, the question of whether the decision of the Association's refereeing institutions that Hapoel Be'er Sheva is responsible for not holding the game is reasonable.  On this level, the extent of the court's intervention is very limited, and as stated, the court will intervene only in cases of extreme unreasonableness.

The second level, assuming that the imposition of responsibility on Hapoel Be'er Sheva for not holding the game is not extremely unreasonable, is it a deviation from the referee's report, so that it was given in the absence of authority, and this, as stated, is in fact Hapoel Be'er Sheva's main argument in this proceeding.

  1. I believe that on the first level, things are clear. The Association's Supreme Court ruled clearly and unequivocally that Hapoel Be'er Sheva was responsible for not holding the game.

Judges Zarnakin and Deutsch found that there is a factual and legal causal connection between the riot of Hapoel Be'er Sheva fans and the non-holding of the game, and in their opinion, the refusal of the Sakhnin people to obey the judge's instructions does not sever this causal connection.

The Hadasi Judge, a practical halakha, agrees with this position.

This is also the majority opinion in the Association's disciplinary court.

  1. I have found no reason to intervene in this decision of the Supreme Court, which certainly does not suffer from extreme unreasonableness, and I will elaborate briefly.

The legal conclusion reached by the court is based on the factual basis laid before the Supreme Court by virtue of the judge's report, when the judge's report details the act of the "fan outburst" of Hapoel Be'er Sheva.  Hence, the analysis conducted by the Association's refereeing institutions regarding Hapoel Be'er Sheva's responsibility for not holding the game is based on the fixed and detailed factual basis in the referee's report, of the rioting of its fans and their outburst on the pitch, as well as on a legal analysis of the tests of causal connection.  This is a reasonable and logical legal analysis.

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