CAS 2012/A/2759 Oleksandr Rybka v. Union of European Football Association (UEFA)
Related case:
Swiss Federal Court 4A_522_2012 Oleksandr Rybka vs UEFA
March 21, 2013
In January 2012 the Union of European Football Association (UEFA) has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance furosemide.
The UEFA notified the Player and a provisional suspension was ordered. The Player filed a statement in his defence and he was heard for UEFA Control and Disciplinary Body (CDB).
The Player stated that due to a large swelling he took a medication in November 2011 on the advice of his wife without thinking about its content.
On 27 January 2012 the CDB decided to impose a 2 year period of ineligibility on the Player.
On 6 February 2012 the Player appealed the CDB decision with the UEFA Appeals Body.
On 16 March 2012 the UEFA Appeals Body dismissed the Player’s appeal and confirmed the CDB decision of 27 January 2012.
On 28 March 2012 the Player appealed the decision of the UEFA Appeals Body with the Court of Arbitration for Sport (CAS).
The CAS Panel notes that the Player must establish how the prohibited substance entered his body on the balance of probabilities. However the Panel finds Player’s statement not credible but considers the evidence clear that the Player used diuretics for the purpose of weight loss which would explain the adverse analytical finding.
Unless and until the player establish the presence of the prohibited substance, the issue of degree of fault simply does not arise. In other words, it is not necessary for the Panel to consider whether, and if so, how negligent the player was.
The Court of Arbitration for Sport rules:
1.) The appeal filed by the Player on 28 March 2012 against the decision of the UEFA Appeals Panel dated 16 March 2012 is dismissed.
2.) (…)
3.) All other or further claims are dismissed.
