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Football-legal
10
Apr
2019
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Football Legal
Doping
Cases
International

The Guerrero Saga: Swiss Federal Tribunal, 4 March 2019, no. 4A_318/2018


Swiss Federal Tribunal, 4 March 2019, no. 4A_318/2018
Date of the decision: 2019-03-04

A CAS Panel did not violate any applicable procedural rules when it found that the combined application of the 2015 WADC and the FIFA ADR require an athlete who failed a doping test to be declared ineligible for a minimum period of 12 months.  

Facts/Procedure

On 5 October 2017, Peru played against Argentina in a match for the qualification phase of the 2018 FIFA World Cup. After the match, Mr Guerrero (the Player) underwent an in-competition anti-doping control.

The analysis of both the A and the B samples revealed the presence of a cocaine metabolite, benzoylecgonine (BZE). It is worth noting that cocaine is a non-specified stimulant that is prohibited in-competition under the 2017 WADA Prohibited List.

On 3 November 2017,...

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Topics
  • Doping
Keywords
  • FIFA
  • Court of Arbitration for Sport (CAS)
  • Doping
  • World Anti-Doping Agency (WADA)
  • Swiss Federal Tribunal (SFT)
  • World Anti-Doping Code
  • Proportionnality
Find out more
  • Paolo Guerrero Finally Cleared to Play at 2018 FIFA World Cup
  • FIFA Disciplinary Committee sanctions Peruvian Paolo Guerrero with a one-year suspension
  • CAS 2018/A/5546 José Paolo Guerrero v. FIFA
  • CAS 2018/A/5571 WADA v. FIFA & José Paolo Guerrero
  • The Guerrero Doping Saga: Proportionality questioned
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