In May 2007 the Federazione Italiana Giuoco Calcio (FIGC), the Italian Football Federation, has reported an anti-doping rule violation against the Athlete Fabio Lupacchio after his sample tested positive for the prohibited substance cocaine.
After notification a provisional suspension was ordered and the Athlete was heard by the Ufficio di Procura Antidoping (UPA), the CONI Anti-Doping Prosecution Office. The Athlete admitted he had had used cocaine on two occasions prior to the doping test.
Considering mitigating circumstances the FICG National Disciplinary Commission decided on 6 July 2007 to impose a 1 year period of ineligibility on the Athlete, starting on the date of the provisional suspension.
WADA appealed the decision of the FICG National Disciplinary Commission with the FICG Federal Court of Justice, which dismissed the appeal on 30 July 2007.
Hereafter WADA appealed the FICG Federal Court of Justice Decision of 30 July 2007 with the CONI Anti-Doping Supreme Court. WADA requested to set aside the decision of the FIGC Federal Court of Justice and argued there were no grounds to impose a less severe sanction on the Athlete.
The Court rules that the presence of the prohibited substance in the Athlete’s sample is an anti-doping rule violation and concludes that the Athlete acted negligently when he used cocaine twice prior to the doping test. Therefore the CONI Anti-Doping Supreme Court decides to set aside the FICG Federal Court of Justice Decision of 30 July 2007 and to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension.
