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Civil Case (Tel Aviv) 76264-12-24 Hapoel Be’er Sheva Football Club v. Israel Football Association - part 27

March 30, 2025
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In any case, the Supreme Court clarifies that the refusal of a team, or players, to comply with the referee's order, or instruction to go to the pitch, means, at best, 0 points and 0 goals, and in the worst case, a technical loss of 3:0, and therefore this is not a sinner who will be rewarded, or a message to the teams and players, that they are entitled to refuse the referee's orders.

  1. In light of the above, I am of the opinion that in light of the behavior of the Hapoel Be'er Sheva fans and in light of the refusal of the Bnei Sakhnin players to take to the pitch, the result of 0:0 without points is not extremely unreasonable.

Therefore, Hapoel Be'er Sheva's claims on this issue are rejected.

However, there may have been room in the aforementioned circumstances to consider setting up a rematch, and this is what I will deal with now.

Replay?

  1. I explained at length above, why I believe that there was no flaw in the decision of the Supreme Court of the Association, that both Bnei Sakhnin and Hapoel Be'er Sheva are responsible for the failure to hold the game, and that this decision does not deviate from the match referee's report and certainly does not deviate from authority.

However, during the discussion I raised the suggestion that after the penalty regarding the result of a 0:0 game without points for both teams, a rematch would be held, and I would like to elaborate on this issue.

  1. In order to decide whether there is room to hold a replay, the issue must be examined on three levels. The first level is whether the Supreme Court has the authority to determine a replay in these circumstances; The second level, to the extent that such an authority exists, is whether it was correct and proper to establish a replay in the circumstances before me, and the third level, to the extent that there is the authority to determine a replay, and to the extent that it is correct and proper to determine a replay, what is the scope of the court's discretion to order its existence.
  2. With regard to the jurisdiction of the Supreme Court, I am of the opinion that there is an explicit authority for the Supreme Court to order a replay and it has even made use of this power in the past.

Regulation 7A of the Disciplinary Regulations regulates the powers of the Tribunal, within the framework of these powers, it was determined in Regulation 7(a)(9), as follows:

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