CAS 2006_A_1153 WADA vs Portuguese Football Federation & Nuno Assis Lopes de Almeida

CAS 2006/A/1153 WADA v/ Portuguese Football Federation & Nuno Assis Lopes de Almeida

Related case:

Swiss Federal Court 4A_170_2007 Nuno Assis Lopes de Almeida
June 8, 2007


  • Football
  • Doping (19-norandrosterone)
  • Notification of a decision
  • Scope of “doping-related decisions” with regard to WADA’s
  • right of appeal
  • Respect of the right of proper defence
    Sanction

1. As a basic rule, a decision or other legally relevant statement is considered as being notified to the relevant person whenever that person has the opportunity to obtain knowledge of its content irrespective of whether that person has actually obtained knowledge. Thus, the relevant point in time is when a person receives the decision and not when it obtains actual knowledge of its content.

2. A 6-month suspension of a player for a doping offence is indisputably a “doping-related decision” as set forth under Article 61 para. 5 of the FIFA Statutes. The fact that a higher judicial body later acquitted the player exclusively on procedural grounds rather than entering into the substance does not change the nature or the cause of the proceedings initially opened, which remains the doping offence. Therefore, WADA is entitled to appeal against the acquittal decision.

3. A CAS panel’s scope of review is basically unrestricted. It has the full power to review the facts and the law. Hence, if there has been procedural irregularities in the proceedings before the first instance bodies, it can be cured by the arbitration proceedings if the party has been given all opportunities to exercise its right to be heard, both in writing and orally. Any potential breaches with respect to principle of natural justice are therefore remedied.

4. A two-year suspension for a first time doping offence is legally acceptable. However – provided that the applicable regulations do not incorporate the sanction of a 2-year suspension provided for in the World Anti-Doping Code but permit the tribunal dealing with the matter to exercise its discretion to impose a sanction of between 6 months and two years – in case of procedural delay, with the result that the player is left in a state of uncertainty for a period of 12 months, added to the fact that the player has already been suspended for a certain period of time after which he has reintegrated his team, a lesser sanction may be imposed so that it is not perceived as being a bigger penalty than one continuous suspension.



Mr. Nuno Assis Lopes de Almeida is a Portuguese professional footballer who played in 2006 for the club Sport Lisboa e Benfica.

In December 2005 the Federação Portuguesa de Futebol (FPF), the Portuguese Football Federation, reported an anti-doping rule violation against the Athlete Nuno Assis after his A and B sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone).

Consequently the FPF Disciplinary Committee decided on 9 June 2006 to impose a 6 month period of ineligibility on the Athlete. Yet following the Athlete's appeal the FPF Judicial Board decided on 14 July 2006 to set aside the first instance decision and to acquit the Athlete.

Hereafter WADA appealed the decision of the FPF Judicial Board with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the decision of 14 July 2006 and to impose a 2 year period of ineligibility on the Athlete.

In his defence the Athlete asserted that he was the victim of a conspiracy; he disputed the reliability of the doping test; and claimed that there had been irregularities with the transport, the testing and the analytical reports.

The CAS Panel establishes no irregularities regarding the proceedings before the FPF Disciplinary Committee. Further the Panel establishes no inconsistencies with the doping test conducted in the Lisbon Laboratory.

The Panel concludes that the Athlete committed an anti-doping rule violation and deems that he failed to produce any evidence in support of his wild and unsubstantiated allegations.

Therefore the Court of Arbitration for Sport decides on 24 January 2007:

1.) The appeal filed on 25 August 2006 by the World Anti-Doping Agency against the decision issued on 14 July 2006 by the Judicial Board of the Portuguese Football Federation is upheld.

2.) The decision issued on 14 July 2006 by the Judicial Board of the Portuguese Football Federation is set aside.

3.) Mr Nuno Assis Lopes de Almeida is ineligible to play football for 12 months as from the notification of this award, less 161 days already served under the provisional suspensions.

4.) All other motions or prayers for relief are dismissed.

5.) This award is pronounced without costs, except for the court office fee of CHF 500 (five hundred Swiss Francs) paid by the World Anti-Doping Agency, which is retained by the CAS.

6.) Mr Nuno Assis Lopes de Almeida and the Portuguese Football Federation, remaining jointly and severally liable, are ordered to pay to the World Anti-Doping Agency a contribution towards all its costs incurred in connection with the present arbitration procedure in an amount of CHF 5,000 (five thousand Swiss Francs).

Original document

Parameters

Legal Source
CAS Appeal Awards
Date
24 January 2007
Arbitrator
Bertrand, Jean-Jacques
Leaver, Peter
Nater, Hans
Original Source
Court of Arbitration for Sport (CAS)
Country
Portugal
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Competence / Jurisdiction
International Standard for Laboratories (ISL)
International Standard for Testing and Investigations (ISTI)
Period of ineligibility
Substantial delay / lapsed time limit
Sport/IFs
Football (FIFA) - International Football Federation
Other organisations
Federação Portuguesa de Futebol (FPF) - Portuguese Football Federation
World Anti-Doping Agency (WADA)
Laboratories
Lisbon, Portugal: Laboratório de Análises de Dopagem (LAD)
Analytical aspects
B sample analysis
Reliability of the testing method / testing result
Sample stability
Doping classes
S1. Anabolic Agents
Substances
19-norandrosterone
Nandrolone (19-nortestosterone)
Document type
Pdf file
Date generated
16 March 2012
Date of last modification
5 January 2023
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