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HSV defender Mario Vuskovic tested positive for the doping agent EPO on September 16, 2022 during a training test by the National Anti-Doping Agency (Nada).
The positive finding became known immediately after the Hamburg game against Sandhausen (4:2). Vuskovic was not part of the squad in the game. First of all, this was explained by HSV with “personal reasons”.
The German Football Association (***) suspended Vuskovic for the time being. The 21-year-old Croatian applied for the opening of the B sample, which confirmed the positive result of the A sample, as the *** announced on December 15.
After the Croatian had been publicly silent since the positive A sample became known, he protested his innocence in his statement on February 3 before the *** sports court.
Just like in his written statement that the Croatian submitted to the *** on January 17th. The HSV professional also appealed against his provisional ban. On March 5, 2023, he posted on Instagram: “I will fight for my innocence to the end. I hope to see you on the field soon.”
Vuskovic has hired five lawyers to handle his case.
In tears, the Croatian said before the *** sports court on March 17: “I’m innocent. I’ve never cheated in sport and I never will.”
In the first hearing before the *** sports court, the Croatian’s defense attorneys pointed out a possible mix-up of the sample. Doping controller Markus Jungblut, who took the sample from Vuskovic, assured that the test procedure had been followed.
In the meantime, HSV has submitted four reports to the ***, which are intended to prove errors in the laboratory analysis. They question the positive result and claim the Croatian was not doped with Epo. These reports were presented on the second day of the hearing on February 9th.
Ahead of the third hearing, originally scheduled for March 10, the Vuskovic side submitted a new, lengthy defense brief, with four supplementary assessments by scientific advisors. These were then the topic of the third meeting on March 17th.
The court commissioned Canadian expert Prof. Jean-Francois Naud to investigate the case. As part of this, the renowned epo expert should also try to carry out another analysis for exogenous epo using the residual amount of urine from Vuskovic’ doping sample.
Naud drew up an expert opinion and confirmed the results of the laboratory in Kreischa. He rejected a C-propene analysis.
For “the necessary and proper discussion” (Stephan Oberholz, the chairman of the *** sports court) with the new defense brief, the *** postponed the third hearing date by a week to March 17th. There, the attempt by the court to bring about an amicable agreement failed.
After this meeting with pleas from both sides, Oberholz announced a written decision within the next two weeks at the latest.
Should Vuskovic be convicted, he could, on the other hand, go before the *** Federal Court. If there is an acquittal, WADA and NADA would have the opportunity to appeal to the Court of Arbitration for Sport (CAS). In addition to the sporting proceedings, the public prosecutor’s office is investigating Vuskovic on the basis of the anti-doping law.
Epo is short for erythropoietin. Erythropoietin is a hormone that promotes the formation of red blood cells (erythrocytes) and is mainly produced in the kidneys. The higher the number of erythrocytes, the greater the oxygen capacity of the blood. The endurance performance increases accordingly.
Genetically engineered (recombinant) Epo was developed in the early 1980s and originally used as a drug, for example for anemia and kidney failure
In the 1990s, Epo was widely used as a doping agent in endurance sports, especially cycling. For a long time, the athletes did not have to fear discovery. Only since the beginning of 2000 has it been possible to detect genetically engineered Epo directly in the urine – and thus in a classic doping control.
It was also used in football. It is known, for example, that Juventus systematically supplied its star ensemble with Epo in the 1990s.
According to the *** legal and procedural code, the standard penalty for doping offenses is four years (paragraph 8b). If no fault is proven, the penalty can be reduced. In addition, the public prosecutor is investigating against Vuskovic. She has to, because the anti-doping law has been in place since December 2015. The Croatian U21 selection player is therefore also threatened with proceedings before a court of law.
The German Football Association (***). He has already provisionally suspended Vuskovic. The *** sports court makes a final decision after the main proceedings. After three days of negotiations, there is still no verdict. It is to be communicated in writing within two weeks of March 17th.
In the event that Vuskovic is convicted by the ***, the second division soccer team could terminate the Croatian’s contract, which runs until June 30, 2025, without notice. In terms of sports law, the defender would have canceled his contract “without good reason”, i.e. broken it.
See also Saving energy in the household: How the devices consume less | > - Guide
Then a lawsuit with FIFA for damages for HSV would also be possible.
Further information
What options does the Croatian have, can HSV hope for compensation and how long does it all take? Answers to sports law questions. more
The probability is very low. In 2016, the *** had adapted its rules for game evaluation in the event of a violation of anti-doping regulations to the provisions of the world association FIFA and the European Football Union UEFA.
Accordingly, penalties should only be imposed on a club “if the club can be proven to be at fault or more than two players in the team have violated the anti-doping regulations”.
After the positive test on September 16, 2022, HSV played eight league games with Vuskovic and scored 13 points.
The positive finding became known immediately after the Hamburg game against Sandhausen (4:2). Vuskovic was not part of the squad in the game. First of all, this was explained by HSV with “personal reasons”.
The German Football Association (***) suspended Vuskovic for the time being. The 21-year-old Croatian applied for the opening of the B sample, which confirmed the positive result of the A sample, as the *** announced on December 15.
After the Croatian had been publicly silent since the positive A sample became known, he protested his innocence in his statement on February 3 before the *** sports court.
Just like in his written statement that the Croatian submitted to the *** on January 17th. The HSV professional also appealed against his provisional ban. On March 5, 2023, he posted on Instagram: “I will fight for my innocence to the end. I hope to see you on the field soon.”
Vuskovic has hired five lawyers to handle his case.
In tears, the Croatian said before the *** sports court on March 17: “I’m innocent. I’ve never cheated in sport and I never will.”
In the first hearing before the *** sports court, the Croatian’s defense attorneys pointed out a possible mix-up of the sample. Doping controller Markus Jungblut, who took the sample from Vuskovic, assured that the test procedure had been followed.
In the meantime, HSV has submitted four reports to the ***, which are intended to prove errors in the laboratory analysis. They question the positive result and claim the Croatian was not doped with Epo. These reports were presented on the second day of the hearing on February 9th.
Ahead of the third hearing, originally scheduled for March 10, the Vuskovic side submitted a new, lengthy defense brief, with four supplementary assessments by scientific advisors. These were then the topic of the third meeting on March 17th.
The court commissioned Canadian expert Prof. Jean-Francois Naud to investigate the case. As part of this, the renowned epo expert should also try to carry out another analysis for exogenous epo using the residual amount of urine from Vuskovic’ doping sample.
Naud drew up an expert opinion and confirmed the results of the laboratory in Kreischa. He rejected a C-propene analysis.
For “the necessary and proper discussion” (Stephan Oberholz, the chairman of the *** sports court) with the new defense brief, the *** postponed the third hearing date by a week to March 17th. There, the attempt by the court to bring about an amicable agreement failed.
After this meeting with pleas from both sides, Oberholz announced a written decision within the next two weeks at the latest.
Should Vuskovic be convicted, he could, on the other hand, go before the *** Federal Court. If there is an acquittal, WADA and NADA would have the opportunity to appeal to the Court of Arbitration for Sport (CAS). In addition to the sporting proceedings, the public prosecutor’s office is investigating Vuskovic on the basis of the anti-doping law.
Epo is short for erythropoietin. Erythropoietin is a hormone that promotes the formation of red blood cells (erythrocytes) and is mainly produced in the kidneys. The higher the number of erythrocytes, the greater the oxygen capacity of the blood. The endurance performance increases accordingly.
Genetically engineered (recombinant) Epo was developed in the early 1980s and originally used as a drug, for example for anemia and kidney failure
In the 1990s, Epo was widely used as a doping agent in endurance sports, especially cycling. For a long time, the athletes did not have to fear discovery. Only since the beginning of 2000 has it been possible to detect genetically engineered Epo directly in the urine – and thus in a classic doping control.
It was also used in football. It is known, for example, that Juventus systematically supplied its star ensemble with Epo in the 1990s.
According to the *** legal and procedural code, the standard penalty for doping offenses is four years (paragraph 8b). If no fault is proven, the penalty can be reduced. In addition, the public prosecutor is investigating against Vuskovic. She has to, because the anti-doping law has been in place since December 2015. The Croatian U21 selection player is therefore also threatened with proceedings before a court of law.
The German Football Association (***). He has already provisionally suspended Vuskovic. The *** sports court makes a final decision after the main proceedings. After three days of negotiations, there is still no verdict. It is to be communicated in writing within two weeks of March 17th.
In the event that Vuskovic is convicted by the ***, the second division soccer team could terminate the Croatian’s contract, which runs until June 30, 2025, without notice. In terms of sports law, the defender would have canceled his contract “without good reason”, i.e. broken it.
See also Saving energy in the household: How the devices consume less | > - Guide
Then a lawsuit with FIFA for damages for HSV would also be possible.
Further information
What options does the Croatian have, can HSV hope for compensation and how long does it all take? Answers to sports law questions. more
The probability is very low. In 2016, the *** had adapted its rules for game evaluation in the event of a violation of anti-doping regulations to the provisions of the world association FIFA and the European Football Union UEFA.
Accordingly, penalties should only be imposed on a club “if the club can be proven to be at fault or more than two players in the team have violated the anti-doping regulations”.
After the positive test on September 16, 2022, HSV played eight league games with Vuskovic and scored 13 points.
Doping case HSV professional Vuskovic: The most important questions and answers > – Sports
HSV defender Mario Vuskovic tested positive for the doping agent Epo on September 16, 2022 during a training test by the National Anti-Doping Agency (Nada).The positive finding became known immedia…
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