Maltese Doping Cases / Claude Ramoni. – (International Sports Law Journal (2010) 3-4 : p. 178-181)
Content:
- Background facts
- Admissibility of the appeal
- Applicable Rules on the merit – FIFA or MFA regulations?
• Was the FIFA Disciplinary Code directly applicable?
• Did article 60 par. 2 of the FIFA Statutes compel the panel to apply FIFA regulations?
• Was the FIFA Disciplinary Code applicable by reference?
• Comment
- Sanctions
- Conclusion
At the end of 2007 and the beginning of 2008, three Maltese football players, Mattocks, Martin and Grech tested positive for prohibited substances and were suspended for 4 months (Mattocks), 9 months (Martin) and 12 months (Grech) by the Malta Football Association (MFA).
Both WADA and FIFA appealed all three decisions rendered by MFA. It seemed quite obvious to FIFA and WADA that the sanctions imposed by the MFA were not in line with the provisions of the then applicable FIFA Disciplinary Code (the 2007 FDC) or of the World Anti-Doping Code (WADC). FIFA and WADA therefore were of the opinion that all three sanctions imposed by MFA were too lenient.
The effect of the appeals lodged by FIFA and WADA in the cases of the Maltese players was to allow the CAS to review decisions rendered in application of national Maltese rules, which do not provide for a right of appeal by FIFA or WADA... The panel partially upheld two out of the three appeals, imposing however, sanctions which are not in line with the FDC or the WADC. This (practical) result does not seem in line with the purpose of the appeal by FIFA and WADA in doping matters as provided for under the FIFA Statutes.
