TAS 2005/A/958 R. c. Union des Associations Européennes de Football (UEFA), ordonnance du 9 novembre 2005
- Football
- Doping (Cocaine)
- Provisional measures
- Suspensive effect
- Risk of irreparable damage
On 30 August 2005 the Union of European Football Associations (UEFA) Appeals Body decided to impose an 8 month period of ineligibility on the Dutch minor football player after his A and B samples tested positive for the prohibited substance Cocaine.
Hereafter in September 2005 the Athlete appealed the UEFA decision with the Court of Arbitration for Sport.
In this preliminary proceeding the Athlete requested the Panel for suspension of the imposed sanction by the UEFA. The Athlete argued that the chances of success of his appeal are real and the UEFA Appeals Body already denied his request for suspension while in his case a serious departure occurred with testing of his sample.
Also the Athlete asserted that he already had served 3 months of the imposed period of ineligibility while he was also denied the opportunity to participate in an important competition.
The UEFA contended that it does not grant suspension on the basis that the Athlete already has served his sanction before CAS has rendered its decision. Also the suspension of the imposed sanction was not the ground to appeal the UEFA decision with CAS.
The Panel holds that it must act restraint in ordering a suspension of a sanction. However the Panel agrees that in this case there is the risk that the Athlete already has served the sanction before the Final Award has been rendered. Above all the UEFA already rejected the Athlete’s request for suspension.
Therefore the Court of Arbitration for Sport decides on 9 November 2011 to order the suspension of the imposed sanction pending the rendering of the final CAS decision in this case.
