Pogba case: National Anti-Doping Court sentences footballer to 4 years disqualification, now what?

In August 2023, Paul Pogba, a well-known footballer of Juventus and the French national team, tested positive for testosterone, which is on the list of prohibited substances and practices established by the WADA (World Anti-Doping Agency), following a drug screening. The footballer declared that he had taken a supplement during his summer holidays, unaware that this product contained a prohibited substance.

There are two sources regulating the matter in Italy: the WADA World Anti-Doping Code and the Nado Italia Anti-Doping Sports Code, a technical implementation document of the WADA Code. When a drug screening is ordered, two different samples are collected from the athlete, which are then sent anonymously to the laboratory responsible for analysis, where the test is carried out on sample A only. If a possible anti-doping violation emerges, the Anti-Doping Prosecution Office is informed, which, having ascertained the identity of the person to whom the sample corresponds, informs the club, the athlete and the competent sporting bodies of the outcome. At this point, the athlete who tested positive in the test carried out on sample A may be suspended as a precautionary measure and, at the same time, may request, within three days from the date of receipt of the communication, that a counter-analysis be carried out on the second sample taken (so-called sample B). The results of the counter-analysis, always carried out by the same laboratory, are final.

The procedure previously described was promptly followed in the present case where, once a positive result was found in the first sample, the suspension of the French player's competitive activity was ordered. The player decided to request a counter-analysis, however that confirmed the testosterone positive result.

Thus, proceedings were opened before the National Anti-Doping Court for violation of anti-doping regulations. The maximum penalty is four years, but a reduction by half is possible if it is proven that there was no performance enhancing intent in the use of the doping substance.

On 29 February 2024 came the long-awaited decision by the National Anti-Doping Tribunal that sentenced Paul Pogba to 4 years disqualification, forcing him to stay away from the playing fields until September 2027 and effectively anticipating the end of his professional career.

What can the player, who has already expressed his disappointment with the sentence, considering it excessively severe, do now? In the meantime, it will be necessary to wait for the grounds to be published, which should take place within 30 days of the announcement of the ruling (not yet available at the time of writing).

At this point, the anti-doping legislation gives the athlete the possibility to appeal the decision of the National Anti-Doping Tribunal before the Court of Arbitration for Sport in Lausanne (TAS) within the peremptory term of 21 days from the date of receipt of the decision. The appeal does not have the effect of suspending the first instance decision; consequently, the player, who for his part has already announced his intention to appeal the decision, will not be able to resume his competitive activity while the proceedings are pending.

Naturally, Juventus is following the proceedings concerning its player as an interested spectator, waiting to make a final decision regarding the Frenchman's contract. In the meantime, the Bianconeri club, in application of Article 11.4 of the new collective agreement stipulated between the Lega Nazionale Professionisti Serie A and the Associazione Italiana Calciatori, has significantly reduced the Frenchman's remuneration. In fact, the agreement, drawn up following the recent reform of sports law, provides that 'in the event of disqualification for doping, the reduction of the remuneration, as an alternative to the action of termination of the Contract, may be equal to the entire remuneration, fixed and variable, due for the period of disqualification, starting from the precautionary suspension decided by the sports justice bodies'.