The appeal filed by Arijan Ademi is partially upheld by the CAS
27 March 2017
The appeal filed by Arijan Ademi is partially upheld by the Court of Arbitration for Sport (CAS) – period of ineligibility reduced from four years to two years
The Court of Arbitration for Sport (CAS) has issued its decision in the arbitration procedure between the Macedonian professional football player Arijan Ademi and the Union of European Football Associations (UEFA) concerning the decision issued by the UEFA Appeals Body dated 12 May 2016 in which the player was found to have committed an anti-doping rule violation (stanozolol). The CAS Panel has reduced the player’s four-year period of ineligibility to two years, commencing on 7 October 2015.
A sample provided by Arijan Ademi during a doping control on 16 September 2015 was found to contain the prohibited substance stanozolol. On 7 October 2015, Arijan Ademi was provisionally suspended. On 19 November 2015, following a hearing into the matter, the UEFA Control, Ethics and Disciplinary Board issued a decision in which Arijan Ademi was suspended from participating in any football-related activity for a period of four years. On 12 May 2016, the UEFA Appeals Body confirmed the UEFA Control, Ethics and Disciplinary Board’s decision.
On 27 June 2016, Arijan Ademi filed an appeal at the Court of Arbitration for Sport (CAS which was referred to a panel of CAS arbitrators (Mr Ken Lalo, Israel (President), Mr Jeffrey G. Benz, USA, and Dr Hans Nater, Switzerland) who held a hearing with the parties on 28 October 2016. The player sought the annulment of the UEFA decision on the basis that a supplement he had been prescribed following an injury had been contaminated with the banned substance which had caused the adverse analytical finding.
The Panel found that in the special circumstances of this case, while the player discharged his burden of proving lack of intent, it could not uphold the player’s argument that the challenged decision should be annulled. Instead, as the Panel found that a reduction in the period of ineligibility was appropriate, the appeal was partially upheld. Consequently, a period of ineligibility of two years, beginning on 7 October 2015, is imposed on Arijan Ademi.
- Tags: Arbitration | Court of Arbitration for Sport (CAS) | Dispute Resolution | Ethics and Disciplinary Board | UEFA | UEFA Control
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