- Portner proposes conducting tests on the Nada gang prior to their encounter with Cas.
Through a petition submitted to the Higher Regional Court of Cologne, Nikola Portner is seeking clarity on whether the National Anti-Doping Agency Germany (Nada) is entitled to challenge his not-guilty verdict at the Court of Arbitration for Sport (Cas). Despite testing positive for prohibited substances at the end of June, Portner, a goalkeeper for top-tier German club SC Magdeburg, was cleared of all charges by the Handball Bundesliga (HBL) in a unanimous decision.
Phillip Prietze, spokesman for the Higher Regional Court (OLG), confirmed the filing of this petition to German news agency DPA, with handball-world being the first to report on the matter.
This particular legal action can be carried out either in writing or orally and holds no bearing on the activities of the Court of Arbitration for Sport (Cas). Portner filed the petition with the assistance of his legal counsel. The Cologne Higher Regional Court handles such cases since Nada's headquarters are located in Bonn. Portner's club refused to comment on the situation, instead choosing to refer to his legal representation.
Nada expressed dissatisfaction with the HBL's not-guilty ruling. "Nada identifies a critical necessity for review and clarification in this case, which holds international significance, and thereby invites Cas to intervene," they stated following the conclusion of proceedings.
April Doping Test
Portner was found to have tested positive for methamphetamine in late April. Despite undergoing an extensive investigation, the HBL maintained its decision to acquit Portner, citing reasons such as the miniscule amount of the banned substance detected in his system, making it impossible to establish intentional or negligent consumption. Portner consistently denied any intention to consume the substance, while the HBL attributed the positive test to unintentional contamination.
Portner returned to competitive play at the end of August, participating in the Supercup against Füchse Berlin (30:32).
The petition submitted to the Higher Regional Court of Cologne was handled by the Cologne Higher Regional Court, as Nada's headquarters are located in Bonn. Nada believed there was a critical necessity for review and clarification at the Court of Arbitration for Sport (Cas), as they were dissatisfied with the not-guilty verdict given by the Court of First Instance in Portner's case.