Recourse filed by the Danish Handball Federation granted

The EHF Court of Arbitration (ECA) has accepted the recourse filed by the Danish Handball Federation in connection with the fine imposed on Mikkel Hansen and the warning issued to the federation for the alleged misbehaviour of the player at the start of the half-time break in the Men’s EHF EURO 2018 semi-final.

Contradictory testimonies and evidentiary elements were provided by the parties, the ECA panel therefore thoroughly applied the balance of probabilities as a standard of proof to reach the conclusion that this standard was not met and thus referred to “to the general principle of law according to which the doubt should benefit the accused, hereby the Player.”

Indeed, the panel found that serious doubts arouse in light of the aforementioned contradictory testimonies provided by the parties and the poor quality of the video footage based on which it is “impossible to observe a clear situation supporting the occurrence” of the player’s misbehaviour.

Additionally, a central element to evaluate is the assessment of the “potential implications and consequences” of such accusations on a player’s career. The panel explained as follows: “the evidence at hand is not fully conclusive which, as a direct consequence, creates an apparent risk and thus disproportion between a low degree of probability and a high risk of negative impact on the player.”

Finally, the panel stressed that although the materiality could not be established and thus no sanction may be imposed, the player and the federation were reminded that the obligation to display, at any time, an exemplary attitude is an essential condition to ensure that handball keeps developing in the right direction, fair play and sportsmanship constituting “sine qua non conditions to ensure a fair and respectful treatment of all stakeholders”.