CAS 2012/A/3031 Katusha Management SA v. Union Cycliste Internationale (UCI)
Katusha Management SA (Katusha) is the licence holder of the Russian cycling ProTeam Katusha (the Team) which has competed as a UCI Pro Team.
On 13 September 2012 Katusha applied for a licence with the UCI for the season 2013. On 18 December 2012 The UCI Licence Commission decided to refuse Katusha’s registration for 2013.
The Commission noted that the Team’s financial situation should in any event be subject to periodical audits during the season.
Their ethical (doping) problems constituted a ground for refusing to register the Team because of:
- the doping cases in the team since its formation, namely in this instance two cases that occurred in 2009, one in 2011 and one in 2012;
- the cases of riders hired by the team, who had infringed the anti-doping rules in another team in the past 7 cases in this instance;
- the cases of staff who were team members and had infringed the anti-doping rules in the past, in this instance the cases of Andreï Mikhaylov and Eric Zabel;
- cases of infringing the rules regarding the riders’ whereabouts obligations, namely 8 filing failure and 4 missed tests from 2009 to 2012.
Hereafter, On 14 January 2013, the UCI granted Katusha the registration as a Professional Continental Team for the season 2013 under the condition to fulfil and put into practice a number of financial and anti-doping measures.
On 20 December 2012 Katusha appealed this UCI decision with CAS.
After hearing the positions of the parties the CAS Panel finds that the adoption of measures marks a quite important step made by Katusha along the lines indicated by the UCI, also in the License, in order to build an anti-doping environment within the Team. In order to keep the License and obtain the registration for the following season(s) Katusha should confirm during the entire 2013 season that it is actively implementing the measures adopted, in accordance with the Regulations. In that respect, Katusha is to be reminded of the power of the UCI to withdraw the License, if the information taken into account in granting the registration has changed so that the registration conditions are no longer satisfied.
The Panel concludes that the appeal brought by Katusha against the Decision is to be upheld, and that the Decision is to be set aside. At the same time, the Panel wishes to underline that this conclusion is not to be intended to constitute a backwards step in the fight against doping. This Panel is indeed mindful of the fact that the fight against doping requires a tough stance against anybody who tries to undermine it, and does not underestimate its importance. A coherent, reasonable and proportionate approach is however an indefectible part of such fight.
Therefore the Court of Arbitration for Sport rules that:
1.) The appeal filed by Katusha Management SA on 20 December 2012 against the decision taken by the License Commission of the Union Cycliste Internationale (UCI) on 7 December 2012 is upheld.
2.) The decision taken by the License Commission of the Union Cycliste Internationale (UCI) on 7 December 2012 is set aside.
3.) The application of Katusha Management SA to be registered as a UCI ProTeam for the season 2013 is accepted, and registration is granted to Katusha Management SA for the season 2013.
4.) (...)
5.) (...)
6.) All other prayers for relief are dismissed.
