A complaint filed by a Barcelona-based law firm against former Real Madrid manager José Mourinho, on the grounds that gouging the eye of then Barça assistant Tito Vilanova represented a public-order offence, has now reached Spain's Constitutional Court.

After a brawl erupted in the second leg of the 2011 Spanish Super Cup, on 17th August at the Camp Nou, Real Madrid's coach at the time, José Mourinho, jabbed his finger into the eye of Tito Vilanova, who reacted by slapping the Portuguese on the neck.

Mourinho and Vilanova were subsequently hit with two- and one-match suspensions respectively, although neither ultimately served their bans following an amnesty granted by the president of the Spanish FA, Ángel María Villar.

In February 2012, the day before the incident was set to be time-barred, the Casa Paraula legal firm filed a criminal complaint against Mourinho and Real Madrid – as the secondarily liable party – with Barcelona Magistrates' Court number 7. The case rests on article 617.2 of the Spanish Penal Code and the notion that "affray is a public-order offence", lawyer Oriol Casals – who instigated the suit – told the 'Efe' news agency.

If found guilty, Mourinho could be forced to pay a fine amounting to 30 days' salary. Considering the Portuguese coach's earnings at Real Madrid, this could come to some €1 million.