CAS 2010/A/2062 World Anti-Doping Agency (WADA) v. Real Federación Española de Fútbol (RFEF) & Gregorio Ciudad Real Linares
Football
Doping (benzoylecgonine)
Sanction
The Spanish Act 7/2006 distinguishes between “very serious” anti-doping violations (art. 14.1) due to the presence, use or consumption of prohibited substances or methods, leading to a sanction of ineligibility for a period of two to four years, and “serious” anti-doping violations (art. 14.2) related to substances or methods identified in the corresponding legal instrument as of less seriousness, leading to a sanction of ineligibility for a period of three months to two years. However, benzoylecgonine is a non-specified prohibited substance, in accordance with all the applicable regulations in the case at stake, and thus is far from being a substance of “less seriousness”. Elements such as relevant circumstances, no reiteration of the conduct or non-existence of previous records of the player related with anti-doping infringements, are totally irrelevant to the parameters envisaged in article 14.2 and therefore cannot constitute grounds to justify the reduction of the seriousness of the anti-doping violation.
The Court of Arbitration for Sport decides on 16 November 2010:
1.) That the appeal filed by WADA against the Decision rendered by the Competition Judge of the RFEF on 21st September 2009 with regard to the player Mr. Gregorio Ciudad Real Linares is admissible.
2.) The referred Decision of the Competition Judge of the RFEF dated 21st September 2009 is set aside.
3.) Mr. Gregorio Ciudad Real Linares is sanctioned with a two-year period of ineligibility, starting on the date on which this award is communicated to the Player. Any period of suspension (whether imposed to or voluntarily accepted by the Player) shall be credited against the total period of ineligibility imposed.
(…)
6. Any other prayers for relief are rejected.
