CAS 2005_A_922 Danilo Hondo vs Swiss Cycling & Swiss Olympic

CAS 2005/A/923 WADA vs Danilo Hondo & Swiss Olympics

CAS 2005/A/926 UCI vs Danilo Hondo & Swiss Olympics
January 10, 2006

Related case:

Swiss Federal Court 4P.148_2006
January 10, 2007


In March 2005 the International Cycling Federation (UCI) has reported an anti-doping rule violation against the Athlete Danilo Hondo after his A and B samples tested positive for the prohibited substance Carphedon. After notification by Swiss Cycling the Athlete was heard for the Disciplinary Chamber for Dopingcases of Swiss Olympic.

On 2 June 2005 the Disciplinary Chamber decided to impose 2 year period of ineligibility on the Athlete, with 1 year suspended for a 5 year period. Also the Disciplinary Chamber sanctioned the Athlete with a CHF 50,000 fine and ordered to pay CHF 5,000 for the procedural costs.

Hereafter in July 2005 the Athlete, UCI and WADA appealed the Swiss Olympic decision of 2 June 2005 with the Court of Arbitration for Sport (CAS).

Considering the Athlete’s arguments the Panel finds that:

  • no departure from the ISL occurred in this case;
  • the Athlete failed to establish how the substance entered his system and
  • failed to establish grounds for reduction of the sanction.

Considering the arguments of UCI and WADA, the Panel concludes that the UCI Anti-Doping Rules doesn’t allow the imposition by Swiss Olympics of a suspended sanction, nor the possibility to fine an Athlete guilty of an anti-doping rule violation.

Therefore the Court of Arbitration for Sport Panel decides 9 March 2007:

1.) to allow the WADA appeal;

2.) to allow the UCI appeal;

3.) to dismiss the appeal of the Athlete Danilo Hondo;

4.) to set aside the decision of the Disciplinary Chamber for Dopingcase of Swiss Olympic of 2 June 2005;

5.) to impose a 2 year period of ineligibility on the Athlete, starting on 1 April 2005 until 31 March 2007.

Original document

Parameters

Legal Source
CAS Appeal Awards
Date
10 January 2006
Arbitrator
Foucher, Bernard
Krähe, Christian
Morand, Jean-Pierre
Original Source
Court of Arbitration for Sport (CAS)
Country
Germany
Switzerland
Language
French
ADRV
Adverse Analytical Finding / presence
Legal Terms
Fine
International Standard for Laboratories (ISL)
Period of ineligibility
Rules & regulations International Sports Federations
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
Suspended sanction
Sport/IFs
Cycling (UCI) - International Cycling Union
Other organisations
Swiss Cycling
Swiss Olympic
World Anti-Doping Agency (WADA)
Laboratories
Madrid, Spain: Madrid Anti-Doping Laboratory Agencia Española de Protección de la Salud en el Deporte
Analytical aspects
B sample analysis
Doping classes
S6. Stimulants
Substances
Fonturacetam (4-phenylpiracetam) (carphedon)
Document type
Pdf file
Date generated
8 March 2012
Date of last modification
7 December 2022
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  • Education
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  • Statistics
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Country & language
  • Country
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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  • Document category
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Origin