CAS 2020 A 6811
CAS · Football (FIFA / CAS) · Switzerland · 1 Jun 2021
Why it matters
This case clarifies that under FIFA ADR, a player's period of ineligibility for an anti-doping rule violation must be based solely on their degree of fault, not on extraneous factors such as lack of performance enhancement or personal hardship. It reinforces the strict liability principle and the limited grounds for reducing a two-year suspension for specified substances, emphasizing that tribunals must not consider factors like cooperation or career impact when determining the length of a sanction.
Summary
Maike Lizabet Weber, a Brazilian professional football goalkeeper, tested positive for the prohibited substance Thiazide (a diuretic and masking agent) during a CONMEBOL Libertadores Feminino match in November 2018. She claimed the substance came from a contaminated herbal supplement called Redufite, which she took to prevent fluid retention. The CONMEBOL Disciplinary Tribunal found she committed an anti-doping rule violation but imposed only a 10-month suspension, citing her lack of significant fault because the supplement label did not list Thiazide, and considering that Thiazide did not enhance performance and that she cooperated. FIFA appealed to CAS, arguing that the sanction should be the standard two-year period under FIFA ADR Article 19(2) because the Player had not proven the source of the substance on a balance of probabilities, and that the tribunal improperly considered factors unrelated to fault. The CAS Panel conducted a de novo review and found that the Player had not established how the Thiazide entered her system, but even assuming contamination, her degree of fault was significant: she failed to check the supplement online, took it despite it being illegal in Brazil, and stopped due to side effects. The Panel held that under FIFA ADR, only fault-related factors can reduce the sanction; considerations like lack of performance enhancement, cooperation, or personal hardship are irrelevant. Accordingly, the Panel imposed a two-year period of ineligibility starting 1 January 2021, with credit for the 10 months already served. The decision underscores that CAS has full appellate power and need not defer to lower tribunals, and that the FIFA ADR's fault-based reduction criteria are exclusive.
The detail
Parties: FIFA v. Maike Lizabet Weber and CONMEBOL
Case number: CAS 2020 A 6811
Outcome: FIFA's appeal upheld; Ms. Weber sanctioned with a two-year period of ineligibility beginning 1 January 2021, with credit for 10 months already served.
Applicable law: FIFA Anti-Doping Regulations (FIFA ADR), CONMEBOL Anti-Doping Regulations (CONMEBOL ADR), WADA Prohibited List, CAS Code of Sports-related Arbitration
Issues in play: The case involved the standard for reducing a doping sanction based on 'No Significant Fault or Negligence' under FIFA ADR Article 22, and whether factors like lack of competitive advantage or personal hardship could be considered. The Panel held that only fault-related factors are relevant.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.