Related case:
CAS 2007/A/1399 WADA vs FILA & Maria Stadnyk
July 17, 2008
On 31 May 2006 the International Federation of Associated Wrestling Styles (FILA) decided to impose a 1 year period of ineligibility on the Athlete Maria Stadnyk after her sample tested positive for the prohibited substance furosemide. After objection by WADA FILA decided on 4 September 2006 to increase the sanction and to impose a 2 year period of ineligibility on the Athlete, instead of 1 year.
In November 2006 the Ukraine Wrestling Federation reported to FILA that investigation in this case showed that in April 2006 a rival Athlete Vira Tkhorovska had spiked the drink of the Athlete with the prohibited substance. As a result of this violation a lifetime ban was imposed on the rival Athlete Viro Tkhorovska.
Considering this new development in the case the FILA Presidents decided on 20 June 2007 to reduce the Athlete’s sanction to 15 months and declared the Athlete eligible from 26 July 2007.
Hereafter WADA appealed the FILA decision of 20 June 2007 with the Court of Arbitration for Sport (CAS) and requested to impose a 2 year period of ineligibility on the Athlete.
On 17 July 2008 The Court of Arbitration for Sport ruled that the WADA appeal is upheld and decided to impose a 2 year period of ineligibility on the Athlete, starting on 26 April 2006 up to and including 26 July 2007.
In November 2008 the Athlete appealed the CAS decision of 17 July 2008 with the Swiss Federal Court.
The Athlete requested to set aside the CAS decision and argued that the CAS has no jurisdiction to annul the decisions made by the FILA presidents.
On 17 March 2009 the Swiss Federal Court rules that CAS has jurisdiction and therefore decides to dismiss the appeal of the Athlete.
