CAS 2017/A/5078 Roman Eremenko v. UEFA
In October 2016 the Union of European Football Associations (UEFA) has reported an anti-doping rule violation against the Finnish football player Roman Eremenko after his sample tested positive for Cocaine.
On 17 November 2016 the UEFA Control, Ethics and Disciplinary Body (CEDB) decided to impose a 2 year period of ineligibility on the Athlete which was uphold by the UEFA Appeals Body on 2 March 2017.
At first the Athlete stated that the positive test was the consequence of an inadvertent intake of Cocaine by means of contaminated "hookahs" (pipe) when he was celebrating his cousin's birthday. Before the Appeals Body the Athlete admitted that he directly ingested the Substance, but that he suffered from a Cocaine addiction as a consequence of a number of personal impairments, i.e a conflictive marriage situation deriving from a gambling problem.
Hereafter in April 2017 the Athlete appealed the UEFA Appeals Body decision with the Court of Arbitration for Sport (CAS). The Athlete requested to set aside the decision of 2 March 2017 and disputed the UEFA Appeals Body for rendering an erroneous decision due to numerous flawed contentions.
The UEFA asserted that the Athlete’s fault was significant, because:
1.) he knew that Cocaine is a prohibited substance;
2.) he acted recklessly and took Cocaine without respecting a reasonable "cooling off” period before returning to competition;
3.) the quantities of Cocaine and its metabolites found in the Athlete's sample are substantial;
4.) the Athlete was aware of the nature and effects of his actions and in fact, immediately after the test, anticipating its outcome and informed his club that he had taken Cocaine.
The CAS Panel finds that the Athlete is responsible for the non intentional anti-doping rule violation as result of his direct out-of-competition use of Cocaine, more that 24 hours before the competition on 14 September 2016. The Panel finds that his fault was significant without grounds for a sanction below the imposed 2 years.
In the view of the Panel the Athlete knew that he was using a prohibited substance, and used it deliberately. The Substance was used out-of-competition but the Athlete did not use any care to avoid returning to competition before the Substance had been fully eliminated from his body. The Athlete’s argument that he made some Internet search, but gives no additional evidence on the matter, and the value of his words has been much devaluated by his lies before the CEDB. The fact that the Athlete had used the Substance over a period of time without "incidents" is irrelevant: the repeated use of a substance known to be prohibited is not a reason justifying a deviation from the duty of care.
Therefore the Court of Arbitration for Sport decides on 21 August 2017 that:
1.) The Appeal filed by Mr Roman Eremenko on 14 April 2017 against the decision rendered on 2 March 2017 by the UEFA Appeals Body is partially upheld, only to the extent that the commencement date of the suspension is concerned.
2.) The decision rendered on 2 March 2017 by the UEFA Appeals Body is modified as follows: Mr Roman Eremenko is suspended for a period of two years from 6 October 2016, commencement date of his provisional suspension.
3.) All further points of the decision rendered on 2 March 2017 by the UEFA Appeals Body are confirmed.
4.) The award is pronounced without costs, except for the Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by Mr Roman Eremenko, which is retained by the CAS.
5.) Each party shall bear his/its own legal costs and expenses incurred in connection with the present proceedings.
6.) All other motions or prayers for relief are dismissed.
