Spain’s Administrative Sports Court (TAD) have opened a case against Luis Rubiales for a “serious” but not “very serious” breach of conduct following his unsolicited kiss on Jennifer Hermoso after the World Cup final.
TAD’s decision is a setback for the Spanish government, who now cannot suspend him from his position as president of the Royal Spanish Football Federation [RFEF]. However, an investigation will follow and he could still be banned from football for a maximum of two years.
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The ruling is based on Spain’s 1990 sports law, which is more lenient, because a more recent update is yet to be implemented. Despite that, through the Superior Sports Council (CSD), the government will still seek his suspension via TAD as the investigation is carried out.
“TAD only considers the [offences] serious. We believe that they are very serious,” said Miquel Iceta, Spain’s minister of culture and sports. “The Superior Sports Council itself could have directly suspended Mr. Rubiales if they were very serious. But as TAD have not qualified it as such, it is up to the court itself. We will file a request for them to take that position.”
If TAD had ruled the infraction as “very serious,” the government could have intervened immediately and suspended Rubiales from his role. Instead, he could potentially return to the presidency when his 90-day provisional suspension by FIFA from “all football-related activity” ends.
There is also the possibility of a criminal case and a subsequent criminal penalty.
Spanish prosecutors announced this week that they had begun a preliminary investigation into Rubiales’ conduct and would be offering Hermoso the opportunity to press charges against him.
Rubiales has refused to resign following his behaviour after Spain beat England in the World Cup final in Sydney in August. The committee currently in charge of the RFEF joined the list of sporting bodies and government ministers calling for him to step down earlier this week.
In addition to the Hermoso incident, Rubiales has also been condemned for grabbing his crotch, hugging and kissing other players and carrying another over his shoulder in the celebrations.
He says the kiss with Hermoso was “consensual” and blamed “false feminists” for the outcry. Hermoso refuted his claims and said she felt “vulnerable and the victim of an aggressive act.”
