Facts
The French Ski Federation (Fédération Française de Ski, FFS) charges respondent M36 for a violation of the Anti-Doping Rules. During a ski event on March 16, 2009, the respondent provided a sample for doping test purposes. The sample showed the presence of a metabolite of modafinil. Modafinil is a prohibited substance on the World Anti-Doping Agency (WADA) prohibited list.
History
The respondent suffers from a pathology called narcoleptic or catalepsy. He has medical statements and an electroencephalogram to prove this condition. However the use of modafinil needs a medical justification. Respondent had sent copies of his medical files, from which the panel could conclude the medical need for modafinil.
Decision
1. The respondent is acquitted.
2. The decision (a warning and suspension till a therapeutic use exemption is arranged) dated May 26, 2009, of the disciplinary committee of the FFS should be modified.
3. The decision will start on the date of notification.
4. The decision will be published and sent to the parties involved.
