CAS 2005/A/936 UCI v/ Bakker & KNWU
Related cases:
- CAS 2005/A/969 Erwin Bakker vs KNWU & UCI
Mai 5, 2006 - Swiss Federal Court 4A_237_2010 Erwin Bakker vs UCI
October 6, 2010 - ECHR 7198/07 Erwin Bakker vs Switzerland
September 26, 2019
In April 2005 the Royal Dutch Cycling Federation (KNWU) has reported an anti-doping rule violation against the cyclist Erwin Bakken after his A and B samples - provided in Spain in March 2005 - tested positive for the prohibited substance testosterone with a T/E ratio above the WADA threshold.
However on 1 July 2005, the KNWU Anti-Doping Committee decided to acquit the Athlete from any charges related to an anti-doping rule violation.
Hereafter in August 2005 the UCI appealed the KNWU decision with the Court of Arbitration for Sport (CAS). The UCI requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.
In view of the evidence the Panel is of the opinion that the Laboratory complied with the procedures set by the UCI Anti-Doping Rules and provided two results that showed that a prohibited substance was found in the Athlete’s urine and such substance was of exogenous origin.
The Panel rejected the Athlete's argument concerning the lack of complementary research. The Laboratory conducted the GC/C/IRMS analysis and that shall be considered as the complementary research.
Further the Panel rejected the Athlete's contention that intense exercise can cause an important variation of the level of endogenous testosterone. In this matter the Panel relies on the GC/C/IRMS analysis that established that the testosterone found in the Athlete’s urine was of exogenous origin.
Therefore the Court of Arbitration for Sport decides on 20 april 2006:
1.) The appeal filed by Union Cycliste Internationale is upheld.
2.) The decision of the Koninklijke Nederlandsche Wielren Unie’s Anti-Doping Commission dated 1 July 2005 is annulled.
3.) Mr Erwin Bakker is disqualified from the “Vuelta Internacional a Valladolid 2005” and any other race in which he competed between 26 March 2005 and 2 February 2006.
4.) Mr Erwin Bakker shall be declared ineligible for competition for two years, commencing on 2 February 2006.
5.) The award is rendered without costs, except for the Court Office fee of CHF 500 which is retained by the CAS.
6.) Koninklijke Nederlandsche Wielren Unie shall contribute the amount of CHF 2000 to the legal fees and other expenses incurred by Union Cycliste Internationale in connection with the proceedings.
