TAS 2004/A/769 Franck Bouyer c/UCI & AMA
CAS 2004/A/769 Franck Bouyer vs WADA & UCI
Related case:
CAS 2005_A_965 UCI vs WADA & Franck Bouyer
March 13, 2006
On 8 September 2004 the TUE Committee of the International Cycling Union (UCI) did grant the application of the French cyclist Franck Bouyer for the use of the prescribed medication Modafinil as treatment for his diagnosed Narcolepsy. Thereupon the WADA TUE confirmed this decision on 26 October 2004.
Hereafter in November 2004 the Athlete appealed the UCI Decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the Appealed Decision and to grant his TUE Application for the use of the prescribed medication Modafinil as treatment for his condition.
Following assessment of the evidence and the Parties' arguments the Panel establishes that there were no grounds to grant the Athlete's TUE application. The Panel holds that the UCI and WADA TUE Committees decisions to reject his TUE application were valid.
The Panel finds that the Athlete had the burden to demonstrate that he was entitled to receive a TUE. Yet the Panel deems that the Athlete failed to establish that his medication does not improve sport performance.
Therefore on 8 September 2004 the Court of Arbitration for Sport decides that:
1.) The appeal of the athlete was rejected.
2.) The decision of the UCI of September 8, 2004, is upheld.
3.) The athlete has to pay the administration fee of CHF 500,-. to the CAS.
4.) Each party bears its own cost.
5.) Any other or further parts of the conclucions of the parties are rejected.