CAS 2009/A/1918 Jakub Wawrzyniak v Hellenic Football Federation (HFF)
Related cases:
- CAS 2009/A/1918 Jakub Wawrzyniak vs Hellenic Football Federation - Final Award
January 21, 2010 - CAS 2009/A/2019 Jakub Wawrzyniak vs Hellenic Football Federation
May 21, 2010
- Football
- Provisional measures
- Request for a stay of the decision
In April 2009 the Hellenic National Council for Combating Doping (ESKAN) has reported an anti-doping rule violation against the football player Jakub Wawrzyniak after his A and B samples tested positive for the prohibited substance Methylhexaneamine (dimethylpentylamine).
In June 2009 the Athlete filed an appeal with the HFF Appeal Committee after the Disciplinary Committee of the First Instance of the Super League in Greece sanctioned him with a three month period of ineligibility. However the HFF Appeal Committee decided on 1 July 2009 to impose a 1 year period of ineligibiltiy which was upheld by the FIFA Disciplinary Committee on 27 July 2009 and the sanction was extended worldwide by FIFA.
In July 2009 the Athlete appealed the Decision of 1 July 2009 of the HFF Appeal Committee with the Court of Arbitration for Sport (CAS).
The Deputy President of the CAS Appeals Arbitration Division finds in this case that the Athlete has not demonstrated that the stay of the decision rendered by the HFF Appeal Committee would protect him against any irreparable harm.
Due to the Athlete having failed to meet the first test (existence of an irreparable harm resulting from the execution of the challenged decision), the Deputy President deems that there is no need to evaluate whether the other conditions are fulfilled and that the request for a stay of the challenged decision shall be dismissed.
Therefore on 13 August 2009 in view of Articles R37 and R52 of the Code of Sports-related Arbitration, the Deputy President of the CAS Appeals Arbitration Division decides:
1.) The request for a stay filed by Mr. Jakub Wawrzniak is dismissed.
(…).
