CAS 2008_A_1452 Kazuki Ganaha vs Japan Professional Football League

CAS 2008/A/1452 Kazuki Ganaha v/ Japan Professional Football League

  • Football
  • Doping
  • Burden of proof
  • Intravenous infusion justified by a legitimate medical treatment
  • No fault of the athlete

1. Under the applicable 2007 WADA Code and the Anti-Doping Regulations of the J-League, the prohibited method is described as “Intravenous infusions are prohibited, except as a legitimate medical treatment”. Under the wording of the 2007 WADA Code, the party alleging the infraction has to prove that there was an intravenous infusion and that it was not legitimate medical treatment.

2. The intravenous infusion of normal saline and vitamin B1 performed by the team doctor of a Japanese football club is a legitimate medical treatment for the Player within the meaning of the 2007 WADA Code, taking into consideration that at the time of the facts, the Japanese League had not adopted those provisions of the WADA Code which related to sanctions. The Anti-Doping Regulations of the - League which were in force at the time of the infusion provide that the Anti-Doping Special Committee is “entitled” to impose a sanction. There is an entitlement to impose a penalty but there is no mandatory obligation that a penalty be imposed for every infraction. In such circumstances, there is no need to decide if there has been a violation because it is not a case where any sanction should be imposed on the Player whose conduct is not deserving of any sanction.

3. Under the Anti-Doping Regulations of the J-League, a Player who bears no fault should not be sanctioned even he had committed an anti-doping violation by using a prohibited method.



In April 2007 an intravenous infusion was performed on Mr. Ganaha by Dr Goto, The Kwasaki Frontale team doctor. Yet in May 2007 the Japan Professional Football League (J.League) determined that this treatment was not an approved legitimate medical treatment.

Consequently on 3 May 2007 the J.League's Doping Control Committee decided to suspend Mr Ganaha for 6 official games.

The decision to sanction Mr Ganaha was then the subject of ongoing correspondence between the parties and also with a number of other parties involved in, or interested in professional football in Japan. Ultimately in December 2007 Mr Ganaha filed an appeal against the J.League decision with the Court of Arbitration for Sport (CAS).

Considering the particular circumstancess in this case the CAS Panel establishes that the intravenous infusion was a legitimate medical treatment for Mr. Ganaha within the meaning of the 2007 WADA Code. The Panel notes that at the time the J.League had not adopted those provisions of the WADA Code which related to sanctions. In this matter the Panel concludes that Mr. Ganaha acted totally without fault.

Therefore the Court of Arbitration for Sport decides on 28 May 2008:

1.) The Appeal is upheld and the sanction imposed on the Appellant by the Respondent dated 10 May 2007 that the Appellant be suspended from six official games be cancelled.

2.) The costs of the present arbitratiort, to be determined and served by the CAS Court Office, shall be borne by the Respondent.

3.) The Respondent shall contribute towards the legal and other costs incurred by the Appellant in connection wjth these arbitration proceedings, in the amount of US $ 20.000,00.

4.) The Respondent shall bear its own costs.

Original document

Parameters

Legal Source
CAS Appeal Awards
Date
26 May 2008
Arbitrator
Holmes, Malcolm
Kotera, Akira
Nater, Hans
Original Source
Court of Arbitration for Sport (CAS)
Country
Japan
Language
English
ADRV
Use / attempted use
Legal Terms
Acquittal
Burdens and standards of proof
No Fault or Negligence
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
WADA Code, Guidelines, Protocols, Rules & Regulations
Sport/IFs
Football (FIFA) - International Football Federation
Other organisations
Japan Professional Football League (J.League)
Doping classes
M2. Chemical And Physical Manipulation
Medical terms
Intravenous infusions
Legitimate Medical Treatment
Therapeutic Use Exemption (TUE)
Various
Athlete support personnel
Document type
Pdf file
Date generated
21 March 2012
Date of last modification
1 March 2023
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin