The case involves Jakub Wawrzyniak, a Polish professional football player and member of the national team, who faced a doping violation sanction by the Hellenic Football Federation (HFF). After a match on 5 April 2009 while playing for Panathinaikos in Greece, Wawrzyniak underwent a doping test that detected 4-Methyl-2-hexaneamine in his system. Although the substance was not explicitly listed on the 2009 Prohibited Substances list, it was considered prohibited due to its similarity to tuaminoheptane, a specified stimulant. The HFF Disciplinary Committee initially imposed a three-month suspension, but the HFF Appeal Committee later increased it to one year, rejecting Wawrzyniak’s claim that he unintentionally ingested the substance through a weight-loss supplement, Tight Xtreme, without knowing it was prohibited.
Wawrzyniak appealed to the Court of Arbitration for Sport (CAS), seeking to overturn the one-year ban and replace it with a reprimand. He argued the sanction was disproportionate, given the lack of intent and the substance’s ambiguous status at the time. He also requested a provisional stay of the suspension, citing irreparable harm, including exclusion from club and national team competitions, financial losses, and missed opportunities in the 2010 World Cup qualifiers. He contended his case had strong merit, as the substance’s classification was debatable, and he had acted without negligence. The HFF, supported by FIFA’s global enforcement of the suspension, maintained its stance, emphasizing strict adherence to anti-doping regulations.
The CAS evaluated the request for a stay, considering irreparable harm, the likelihood of success, and the balance of interests. Wawrzyniak highlighted the severe personal and professional consequences of the suspension, while the HFF stressed regulatory compliance. The CAS Deputy President noted the HFF’s decision initially applied only in Greece, with worldwide enforcement coming later via FIFA. The player failed to prove that staying the HFF’s decision would prevent irreparable harm, as the alleged damages related to international and Polish matches, not Greek football. Consequently, the CAS dismissed the stay request, as the first condition (irreparable harm) was unmet, without examining the other criteria. The ruling underscores the CAS’s procedural rigor in assessing provisional measures in doping cases, leaving the appeal to proceed while denying the immediate suspension of the sanction. The case highlights the challenges of doping violations involving ambiguously classified substances and the significant career impacts of such sanctions.