CAS OG 10/04 Claudia Pechstein vs DOSB & IOC
- On 1 july 2009 the International Skating Union decided to impose a 2 year period of ineligibility on the German skater Claudia Pechstein for her anti-doping rule violation she committed.
- On 25 November 2009 the Court of Arbitration (CAS) decided to dismiss the Athlete's appeal (CAS 2009/A/1912) and to uphold the ISU Decision of 1 July 2009.
- On 10 February 2010 the Swiss Federal Tribunal also dismissed the Athlete's appeal.
Consequently the Athlete was ineligible to participate in the Vancouver 2010 Olympic Winter Games whereas the DSOB did not nominate the Athlete to participate in the 2010 Olympic Games.
Hereafter on 15 February 2010 the Athlete requested the DOSB to nominate her for the participation in the competitions of the female speed skaters during the Olympic Winter Games in Vancouver 2010. She also requested the IOC to allow her participation in those competitions.
Because the DOSB did not reply immediately on 15 February 2010 the Athlete addressed her application with the Court of Arbitration ad hoc Division.
The DOSB, the IOC and also the ISU requested the Panel to dismiss the Athlete's application and contended that the CAS ad hoc Panel has no jurisdiction the hear the Athlete's case.
Additionally the DOSB contended that the ad hoc Panel was bound by the Award CAS 2009/A/1912 of 25 November 2009 which was not set aside by the Swiss Federal Tribunal.
The Panel determines that the Athlete had not identified any specific decision by the IOC, an NOC, and International Federation or an Organising Committee for the Olympic Games which has arisen during the Vancouver Olympic Games or during a period of ten days preceding the Opening Ceremony of the Games on 12 February 2010 which could be the subject of an appeal to the ad hoc Division.
The Panel has, on its own, searched the record and found no such decision. As a result the Panel finds that it lacks jurisdiction to hear the present matter and it so rules.
Therefore the ad hoc Court of Arbitration for Sport decides on 18 February 2010:
1.) The ad hoc Division lacks jurisdiction to hear the present Application.
2.) The Application of Ms Claudia Pechstein is dismissed.
3.) Each party shall pay its own costs (see Article 22 of the CAS ad hoc Rules).
