CAS 2012/A/2997 Nationale Anti-Doping Agentur (NADA) v. Y.
In 2008 the 16 year old cyclist Y. was treated by Dr. Andreas Franke with the UV blood treatment at the training center run by the German Olympic Sports Confederation in Erfurt.
In January 2012 admitted cyclist Y. to the German National Anti-Doping Agency (NADA) that he had received these UV blood treatments in 2008. Hereafter in June 2012 the German National Anti-Doping Agency opened proceedings against cyclist Y., charging that the UV blood treatments were blood doping.
The German sports court ruled on 2 November 2012 that the method of removing blood, treating it with ultraviolet light and then re-infusing it, did not violate rules in effect at the time, as it has been specifically banned only since January, 2012. Therefore the German Sports Court cleared cyclist Y. of wrongdoing. The NADA appealed the decision to the CAS on 26 November 2012.
On 19 July 2013 The Court of Arbitration for Sport rules that cyclist Y. has not committed an anti-doping rule violation when he received UV blood treatment in 2008, because the procedure took place before being banned by the World Anti-Doping Agency on Jan. 1, 2011.
According to the CAS Panel, the WADA forbids blood manipulation only when it serves to increase oxygen transfer, an effect which is not proven in this case, and therefore does not meet the requirements for a forbidden method.
The CAS also ruled that the athlete involved did not act negligently or deliberately.
