With his own application to the Higher Regional Court of Cologne, Nikola Portner wants to clarify whether the National Anti-Doping Agency Germany (NADA) is even allowed to challenge his acquittal at the International Court of Arbitration for Sport (CAS). The goalkeeper of the German champions SC Magdeburg was unanimously acquitted by the Handball Bundesliga (HBL) at the end of June despite a positive doping test.
“The application to determine the admissibility or inadmissibility of arbitration proceedings has been submitted,” confirmed the press spokesman of the Higher Regional Court Philipp Prietze to the German Press Agency. The specialist portal “handball-world” was the first to report on this.
The procedure requested by Portner himself can be done in writing or orally. However, it has no effect on the actions of the Sports Court (CAS). Portner himself submitted the application with the help of his lawyer. The Cologne Higher Regional Court is responsible for this, as NADA is based in Bonn. When asked, Portner’s club did not want to comment on this issue and referred to the player’s legal representation.
NADA did not agree with the acquittal by the HBL. “NADA sees a fundamental and pioneering need for review and clarification with international relevance in this case and is therefore appealing to the CAS,” it announced after the verdict.
Positive doping test in early April
Portner had tested positive for methamphetamines at the beginning of April. After a trial lasting several weeks, the HBL nevertheless decided to acquit him, partly because “the amount of the banned substance detected in the athlete’s body was such a small dosage that active ingestion and a performance-enhancing effect can be ruled out and that neither intentional nor negligent ingestion can be assumed,” the league association said.
Portner himself had always denied knowingly taking the drug. The league assumed that the contamination was not his fault. The 30-year-old world-class goalkeeper played his first competitive game since the beginning of April in the Supercup at the end of August against Füchse Berlin (30:32).
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