TAS 2006/A/1120 UCI c/ Aitor Gonzalez Jiménez & RFEC
CAS 2006/A/1120 UCI vs Aitor Gonzalez Jiménez & RFEC
In September 2005 the International Cycling Union (UCI) has reported 2 anti-doping rule violations against the Spanish cyclist Aitor Gonzalez Jiménez after his A and B samples - provided in August and in September 2005 - tested positive for the prohibited substances 17α-methyl-5β-androstane-3α,17β-diol, Methandriol and Methyltestosterone.
On 12 May 2006 El Comite Nacional de Competicion y Disciplina Deportive (CNCDD) on behalf of the Royal Spanish Cycling Federation (RFEC) decided on the basis of the assumption of innocence to acquit the Athlete.
The CNCDD imposed only a fine on him for his failure to mention his supplement on the Doping Control Form. It accepted that the positive test results were caused following his use of the supplement Animal Pak.
Hereafter in June 2006 the UCI appealed the Spanish decision with the Court of Arbitration for Sport (CAS). The UCI requested the Panel to set aside the CNCDD decision and to impose a 2 year period of ineligibility on the Athlete.
The Panel considered the Athlete’s conduct and his degree of fault in this case and finds that the Athlete established how the prohibited substance entered his system. He also failed in his duty to check the products before using. Further the Panel deems that the Athlete failed to demonstrate that he bears No Significant Fault or Negligence in this case.
The Panel accepts that the two reported anti-doping rule violations are to be considered as one single first anti-doping rule violation.
Therefore the Court of Arbitration for Sport decides on 20 December 2006:
1.) CAS is competent to hear the appeal filed by the UCI.
2.) The decision of the Royal Spanish Cycling Federation (RFEC) is reformed.
3.) To impose on Mr Aitor Gonzalez Jiménez is a 2 year period of ineligibility starting on 28 September 2005.
4.) (…)
