Mario Vuskovic has been regularly published in the Volksparkstadion in the Volkspark Stadium in recent months – even if he was then not allowed to go to the field, but had to settle in the grandstand. This is the place for the Croatian defender, since he was initially temporary and later blocked for four years because of a positive test on the doping agent EPO from September 2022. And now his chances that something will change will soon be.
Because as the Swiss Federal Supreme Court confirms, it has just rejected a complaint against the four -year lock imposed by the International Sports Court (CAS). But even though there is now a verdict by the highest Swiss court, the most spectacular doping case of German professional football is still not completed. On the one hand, the investigation by the Hamburg public prosecutor’s office continues. On the other hand, this case is not only scientifically, but also in sports juristically so that he is now busy: the sports jurisdiction of the German Football Association (DFB).
This is due to the special processes in doping cases in football. Unlike in most other sports, the specialist association itself takes care of the so -called result management. After the national anti-doping agency (NADA) found the EPO findings at Vuskovic in autumn 2022, the DFB sports court was responsible in the first instance. This was an unusual judgment under the direction of Stephan Oberholz. It imposed a two-year lock against Vuskovic, although the global anti-doping code provides for a four-year lock for EPO violations.
The DFB Federal Court wants to wait until the reasons from Switzerland are available
This judgment did not fit Vuskovic or the Hamburger SV and the NADA – all appealed. That happened in two places. On the one hand at the CAS in Lausanne, the highest authority of international sports jurisdiction; On the other hand, at the next instance of the German Football Association, which by chance is also the Federal Supreme Court. The DFB Federal Court, in turn, decided to wait for the Swiss procession. Now that this is over, it comes back into play.
How exactly it is going on remains open for the time being. You will wait “until the reasons for the decision of the Swiss Federal Court can be present and be evaluated,” says the DFB: “The DFB Federal Court will then decide on the further procedure in the Vuskovic case.” The Swiss Federal Supreme Court has the reasons for It has not yet been sent to his decision. Usually it no longer checks content-related aspects for complaints against CAS decisions, but only formal. On the other hand, there were already exceptions in important cases.
If the DFB continues the procedure, there is a risk of a large sports policy bang
Vuskovic, 23, has always rejected the doping allegation. In the course of the negotiations, he and his defenders particularly attacked the laboratory method that is prone to errors, which was supposed to prove his alleged epo consumption. In the so-called sarpage method, roughly simply, doping analysts decide whether the shades on certain laboratory pictures speak for the body’s own or artificial EPO. Most recently, Vuskovic’s party also stated that there was a closed circle of just eight people in the global anti-doping system who made this decision, and everything was structured in such a way that there could be no external review; The method “is unsuitable for judicial conviction per se”. And because this lecture was not yet an issue in front of the CAS, the DFB Federal Court would have a procedural point to hook again in terms of content.
If this happens, there is a risk of a large sports policy bang. “For us, the procedure with the decision in Switzerland has been completed. What the DFB is doing is the responsibility of the DFB, ”the NADA reports on SZ request. The World Football Association, the World Anti-Doping Agency and the NADA “pointed out the DFB that an internal association continued with the international anti-doping regulation”.
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