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The misconduct complaint was that the Ospreys failed to return a number of unsold match
tickets to Biarritz for this match by the deadline of 27 March, 2010, and that they were in breach of the Commercial Rules of the 2009/10 Heineken Cup Participation Agreement.
After considering written submissions on behalf of ERC Disciplinary Officer, Roger O'Connor, and also from the Ospreys, the Independent Judicial Officer, Judge Blackett, found that the club was guilty of misconduct as charged, and imposed a fine of €5,000.
Judge Blackett accepted that the club had not acted in a dishonest or intentionally obstructive manner, but he did consider that the failure to return almost 3,000 tickets within the required time period represented a clear breach of the Commercial Rules.
Both party can appeal the decision.
Notes
a) The independent Disciplinary Committees are chosen by the Chairman of the independent Disciplinary Panel, Professor Lorne Crerar
b) ERC Disciplinary Officer, Roger O'Connor, presents the cases against the club / individual
c) Both parties to the hearing (ERC and the club / individual) have the right to appeal decisions of the independent Disciplinary Committee. Appeals must be lodged within three working days of receiving the full written decision from the Chairman of the independent Disciplinary Committee
e) The full written decision of the independent Disciplinary Committee will be available on http://www.ercrugby.com/disciplinenews when the disciplinary process is complete.
