CAS 2023/A/9551 Georgi Yomov v. Union Européenne de Football Association (UEFA)
In August 2022 the Union of European Football Associations (UEFA) reported an anti-doping rule violation against the Bulgarian football player Georgi Yomov after his A and B samples tested positive for the prohibited substance Dehydrochlormethyltestosterone (Turinabol).
Consequently the UEFA Appeals Body decided on 10 February 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 25 August 2022.
Hereafter in April 2023 the Athlete appealed the UEFA Decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the Appealed Decision and to impose a reduced sanction.
The Athlete accepted the test results and denied the intentional use of the substance. He argued that the positive test was caused by the consumption of a contaminated product.
He testified that he inadvertently had ingested the substance by drinking the leftover of one or more smoothies prepared by his brother whereas unbeknown to him, his brother was taking Turinabol in April 2022. In support of his allegation he produced the witness statements of family, friends and expert witnesses.
He also relied on the evidence of the person who sold Turinabol to his brother. In addition to the witness evidence, he produced scientific evidence, in particular a polygraph test, a negative hair test for him and a positive nail test for his brother.
UEFA contended that:
- The Athlete failed to establish, on a balance of probability, that the violation was the result of an unintentional and inadvertent ingestion of the substance as a result of his brother’s secret use of Turinabol.
- There are several contradictions in the Athlete's witness statements.
- Experts’ opinions confirmed that the low concentration of Turinabol in his hair test does not enable to exclude a deliberate administration of the substance.
- Low concentrations in his samples might also be expected to be found in a case of intentional use.
The Panel assessed and addressed the evidence and arguments presented by the Parties and determines by majority that:
- It is not possible to draw any material conclusions, one way or another, from the scientific evidence on record.
- The Athlete was unable to establish, on a balance of probabilities, the source of the prohibited substance.
- He has not established that the violation was not intentional.
- The results of the polygraph tests are considered inadmissible or mere statements.
Therefore the Court of Arbitration for Sport decides on 21 September 2023 that:
1.) The appeal filed by Mr Georgi Yomov on 5 April 2023 against the Decision rendered by the UEFA Appeals Body on 10 February 2023 is dismissed.
2.) The Decision rendered by the UEFA Appeals Body on 10 February 2023 in the matter Mr Georgi Yomov v. UEFA is confirmed.
3.) (…).
4.) (…).
5.) All other motions or prayers for relief are dismissed.
