On 4 June 1999 15 professional cyclist provided samples to the UCI prior to the course Predazzo to Madonna di Campiglio of the 82nd Giro d'Italia. Laboratory analysis of 13 of the 15 samples tested positive for the prohibited substance Erythropoietin (EPO).
Hereafter in October 1999 the Italian prosecutor of the Court of Brescia requested the Swiss Federal Office of Police and therefore the Swiss Tribunal Cantonal de Vaud (Vaud Cantonal Court) to capture the documents, at the UCI headquarter in Lausanne, identifying the Athletes who provided these samples. The Italian Prosecutor needed these documents for criminal investigations against organised trafficking of prohibited substances.
On 22 November 1999 the Vaud Cantonal Court ruled the UCI to provide the requested information. On 15 December 1999 and on 15 April 2000 the Vaud Cantonal Court dismissed two UCI appeals against the decision and UCI submitted the requested documents on 25 January 2000.
The UCI appealed the decision of 15 April 2000 of the Vaud Cantonal Court with the Swiss Federal Court. The UCI argued that:
- The decision of 15 April 2000 was disproportional.
- The provided documents have no interest for criminal proceedings in Italy, because the samples don’t constitute irrefutable proof of exogenous EPO.
- The content of the documents are ruining the UCI actions against doping and undermine their programm to protect the health of the Athletes.
- The UCI breached the medical confidentiality promised to the Athletes.
On 3 July 2000 the Swiss Federal Court rules that the arguments are without ground and therefore dismissed the UCI appeal.
