It is of paramount importance today that an effective and credibly functioning anti- doping system is in place in order that the sports community together with WADA and the national anti-doping agencies around the world may fight one of the greatest challenges to modern international sports, namely the use of illegal performance enhancing drugs. Such anti-doping regimes and control systems should, however, always be carried out with appropriate consideration for athletes’, and in this case the club’s, expectations that they will be treated fairly.

The definition of the term “immediately” means “without any delay or lapse of time; instantly, directly, straightway; at once” and “without intermediary, intervening agency, or medium”. While in legal usage (under English law) it does not mean instantaneous, it nevertheless connotes proximity in time and proximity in causation. In addition, a CAS panel is obliged to interpret the rules in question in keeping with the perceived intention of the rule maker and not in a way that frustrates it. Having regard not only to the aforementioned definitions, but in particular to the scope and purpose of the UEFA ADR, the term “immediately” from a legal perspective entails that the taking of action must be within a short time at some speed and without intervening time or space and without delay or intervention.

Events preventing a club from making the report of the changes of the whereabouts on time that cannot be attributed to Acts of God or force majeure but solely to administrative confusion, are insufficient to relieve such club from its responsibilities to report the change of the whereabouts of its players immediately as “at once” or “instantly”.

Even though a CAS panel has full power of review of the disputed facts and law in the exercise of its jurisdiction, the measure of the sanction imposed by a disciplinary body in the exercise of the discretion allowed by the relevant rule can be reviewed only when the sanction is evidently and grossly disproportionate to the offence.