TAS 2005/A/964 Agence mondiale antidopage c. Gabriel Sorin Pop
CAS 2005/A/964 WADA vs Gabriel Sorin Pop
In May 2005 the International Cycling Union (UCI) reported an anti-doping rule violation against the Romanian cyclist Gabriel Sorin Pop for his failure to submit to sample collection following a competition in Greece in April 2005.
Thereupon on 13 July 2005 the Romanian Cycling and Triathlon Federation (FRCT) decided to impose a warning on the Athlete and to suspend for 1 year the head of the Romanian national cycling team.
Hereafter in September 2005 the World Anti-Doping Agency (WADA) appealed the FRCT decision with the Court of Arbitration for Sport (CAS). WADA requested to set aside the Appealed Decision and to impose a sanction in accordance with the applicable Rules.
The Athlete explained that his team captain and the rest of the team didn't understand the English language; they missed the announcement on the radio; and they didn't received a written notification. Also there was a problem because of a detour to the hotel and the location of the doping control station. Yet, one cyclist of the team was tested without issues.
The Panel assessed the circumstances on how the cyclist and his team failed to appear at the Doping Control Station in April 2005. In view of the Athlete's conduct the Panel deems that he could not demonstrate that he had a compelling justification for his failure to submit to sample collection.
Therefore the Court of Arbitration for Sport decides on 27 February 2006:
1.) The appeal filed by WADA is admissible.
2.) The decision of the FRCT is annuled.
3.) A 2 year period of ineligiblity is imposed on the Athlete starting on the date of the Decision.
4.) All the Athlete's results obtained since 22 April 2005 are disqualified.
5.) (...)
6.) (...)