Related cases:
- CAS 2002_A_374 Johann Muehlegg vs IOC
January 24, 2003 - CAS 2002_A_400 Johann Muehlegg vs FIS
January 24, 2003
Mr. Johann Muehlegg is a Spanish Athlete competing in the men’s cross-country skiing at at the Salt Lake City 2002 Olympic Winter Games.
On 23 February 2002 the International Olympic Committee (IOC) reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance Darbepoetin (dEPO).
After notification the Athlete was heard for the IOC Disciplinary Commission. The Spanish delegation argued that the substance Darbepoetin is not expressly mentioned on the list of the prohibited substances and it disputed the validation of the test method.
The IOC concludes that the Athlete has committed a doping violation and decides on 24 February 2002 that the Athlete Johann Muehlegg is:
1.) disqualified from the men’s 50 km classical cross country skiing event; and
2.) excluded from the XIX Olympic Winter Games Salt Lake City 2002, according to Chapter II, Articles 2.1 and 2.2 of the Olympic Movement Anti-Doping Code.
3.) The International Ski Federation is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
4.) The National Olympic Committee of Spain is hereby ordered to return to the IOC, not later than 17:00 hours today, the medal and the diploma awarded to the athlete in relation to the above-mentioned event.
5.) The decision shall enter into force immediately.
