Related case:
CAS 2006/A/1153 WADA vs Portuguese Football Federation & Nuno Assis Lopes de Alemeida
January 24, 2007
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, norandrostenedione or norandrostenediol).
After ordering a provisional suspension, the FPF Disciplinary Committee decided on 9 June 2006 to impose a 6 month period of ineligibility on the Athlete. The Athlete appealed this decision and on 14 July 2006 the FPF Judicial Board decided to set aside the FPF decision of 9 June 2006 on technicalities, specifically the disregard for the defence of Assis, and aquitted the Athlete after he already served a 5 month period of ineligibility.
In August 2006 WADA initiated their appeal against the decision of the FPF Judicial Board with the Court of Arbitration for Sport and requested to set aside the decision of 14 July 2006 and to impose a 2 year period of ineligibility on the Athlete.
The Athlete stated that he was the victim of a conspiracy; disputed the reliability of the doping test; and claimed that there were irregularities with the transport, the testing and the analytical reports.
The CAS Panel concludes that there were no irregularities in the proceedings before the FPF Disciplinary Committee; there were no inconsistencies with the doping test result of the WADA laboratory in Portugal; it has been proven that the Athlete committed an anti-doping rule violation; and the Athlete failed to produce evidence for his “wild and unsubstantiated allegations”.
Therefore the Court of Arbitration for Sport rules 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).
Hereafter the Athlete appealed the CAS-decision of 24 January 2007 with the Swiss Federal Court.
The Athlete claimed that there was a violation of public policy and the principle of reformation in peius due to the CAS Panel imposed a heavier sanction on the Athlete.
The Swiss Federal Court rejects the Athlete’s arguments of reformation in peius and rules that the WADA appeal with CAS was valid; without violation of public policy of Swiss law; and without violation of the principle of good faith.
Therefore the Swiss Federal Court decides on 8 June 2007 to dismiss the Athlete’s appeal.
