CAS four-year ban for footballer Mario Vuskovic for recombinant EPO. GETTY IMAGES

The Court of Arbitration for Sport (CAS) has issued its decision in the appeals filed by the Croatian footballer Mario Vuskovic (the Player), the National Anti-Doping Agency of Germany (NADA Germany) and the World Anti-Doping Agency (WADA) against the decision by the Sports Tribunal of the German Football Association (DFB) on 30 March 2023.

The player was found to have committed an Anti-Doping Rule Violation (ADRV) (presence of recombinant erythropoietin 'rEPO', an unspecified substance) and was sanctioned with a two-year period of ineligibility. 

The competent CAS Panel confirmed the ADRV and increased the sanction imposed on the player for a violation of Article 6 of the FIFA Anti-Doping Regulations to a period of ineligibility of four years, starting on 15 November 2022. As a result, Vuskovic's appeal was dismissed and the appeals of NADA Germany and WADA were upheld. 

On 16 September 2022, he was subject to an out-of-competition doping control at the training base of his club, Hamburg SV. Analysis of the Player's samples revealed the presence of rEPO. The three appeals filed with CAS were handled together and referred to the same panel of CAS arbitrators for resolution.

Hamburg players supporting Mario Vuskovic on 19 May 2024. GETTY IMAGES
Hamburg players supporting Mario Vuskovic on 19 May 2024. GETTY IMAGES

In his appeal, Vuskovic sought the annulment of the Challenged Decision and a finding that he had not violated any applicable anti-doping rule. NADA Germany and WADA sought an aggravated sanction of a four-year period of ineligibility. The CAS Panel held a hearing with the parties on 14 and 15 May 2024 at the CAS headquarters in Lausanne, Switzerland. 

Following the hearing, the Panel deliberated and determined that Vuskovic had committed an ADRV in accordance with article 6 of the FIFA Anti-Doping Regulations (FIFA ADR) for the presence of rEPO in his samples. With regard to the sanction, the Panel noted that Article 20 (1) of the FIFA ADR provides for a four-year period of ineligibility, unless the athlete can prove that the ADRV was not intentional.

Vuskovic in the DSF Cup semi-final with Hamburger SV against SC Freiburg in April 2022. GETTY IMAGES
Vuskovic in the DSF Cup semi-final with Hamburger SV against SC Freiburg in April 2022. GETTY IMAGES

For various reasons, not least because Vuskovic himself did not submit any mitigating circumstances that could be taken into account to reduce the four-year period of ineligibility, the Panel found that there was no reason to deviate from the application of the FIFA ADR and imposed a four-year period of ineligibility on the player. The start of the ban starts on 15 November 2022, the date on which has was provisionally suspended. 

The 22-year-old centre-back joined Hamburg in 2021, initially on loan from Croatian club Hajduk Split and then on a permanent basis from 2022. He made 40 appearances and scored three goals in the 2. Bundesliga before being provisionally suspended. The defender has been capped at every level from U15 to U21 (13 appearances and two goals), but is yet to make his senior debut.