Following police investigations started in March 2009 anti-doping rule violations were reported against the Italian cyclist Gianni Da Ros for the use, possession, trafficking and administration of prohibited substances including complicity. Thereupon the National Anti-Doping Tribunal of the Italian National Olympic Committee (CONI) decided on 23 November 2009 to impose a sanction of 20 years on the Athlete.
Hereafter in December 2009 the Athlete appealed the TNA Decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the Appealed Decision and to impose a proportional sanction.
The Panel assessed and addressed the evidence in this case and the issues raised by the parties and determines that:
- The Athlete was involved in trafficking and attempted use of prohibited substances.
- Because of the seriousness of the violations a more severe sanction is justified and proportional.
- In accordance with the WADA Code there are no grounds for the imposition of a sanction of 20 years.
Therefore the Court of Arbitration for Sport decides on 17 August 2010:
1.) The Athlete's appeal against the TNA Decision of 23 November 2009 is partially accepted.
2.) The sanction of 4 years is imposed on the Athlete, starting on the date of the provisional suspension, i.e. on 12 March 2008.
3.) (...)
4.) (...)
5.) (...)
