TAS 2007/A/1444 UCI c/Iban Mayo & RFEC
TAS 2008/A/1465 UCI c/Iban Mayo & RFEC
TAS 2007/A/1444 & TAS 2008/A/1465 UCI c/Iban Mayo & RFEC
CAS 2007/A/1444 UCI vs Iban Mayo & RFEC
CAS 2007/A/1465 UCI vs Iban Mayo & RFEC
On 19 October 2007 and again on 27 December 2007 the Royal Spanish Cycling Federation (RFEC) decided to cease the proceedings againt the cyclist Iban Mayo Diez and to acquit him because of the inconclusive test results regarding the presence of recombinant Erythropoietin (rhEPO) in his A and B samples.
Here the Paris Lab detected the presence of EPO in the Athlete’s A sample while during the analysis of the A sample the volume of urine was insufficient to establish the presence of EPO due to several abnormalities had been detected. In a second opinion the Lausanne Lab confirmed the presence of rhEPO in the Athlete’s A sample.
At the request of the Athlete his B1 sample was tested and the Ghent Lab reported - with the second opinion of the Sydney Lab - that the test results for rhEPO were inconclusive.
After deliberations between the Athlete and the UCI his B2 sample was tested in the Paris Lab and this time the presence of rhEPO was established and confirmed.
Hereafter in December 2007 and in January 2008 the UCI appealed the two RFEC decisions with the Court of Arbitration for Sport (CAS). The UCI requested the Panel to set aside the two Appealed RFEC Decisions and to impose a 2 year period of ineligibility on the Athlete.
The Athelete requested the Panel to uphold the RFEC decisions and to set aside the test results. He alleged that departures of the ISL had constituted doubts about the integrity, validity and identity of the analysed samples. The UCI had also violated his fundamental rights in this case.
The Panel establishes that the samples in question arrived sealed in the Paris Lab and the absence of the additional seal as precaution for the transport packing is no departure of the ISL. In view of the chain of custody documentation and testimonies the Panel has no doubt about the identity of the analysed samples.
The Panel determines that there was indeed a departure of the ISL when the Paris Lab switched to another method for establishing the presence of the prohibited substance instead of using a new aliguote from the A sample.
Considering the circumstances and arguments in this case the Panel accepts the test result of the Athlete’s B2 sample which confirmed the presence of rhEPO in his A sample. The Panel deems that the UCI had established the presence of rhEPO in the Athlete’s samples. Consequently the two appealed RFEC decisions in favour of the Athlete must be set aside.
Therefore the Court of Arbitration for Sport decides on 11 August 2008:
1.) The appeals of the UCI are admissible;
2.) The decisions rendered on 19 October 2007 and 27 December 2007 by the National Committee of the RFEC are set aside;
3.) The Athlete is sanctioned with a suspension of two years from July 31, 2007;
4.) The Athlete is disqualified from the "Tour de France 2007";
5.) The cyclist pays to the UCI, the amount of CHF 1,000 for costs;
6.) The UCI has to pay the admission costs, of CHF 500 to CAS;
7.) Orders the RFEC to pay a contribution for legal fees of the UCI of CHF 2,000;
8.) Each party has to bear its own lawyer costs;
9.) All other or further claims are dismissed.
