TAS 2002/A/431 Union Cycliste Internationale (UCI) c. R. & Fédération Française de Cyclisme (FFC)
Related case:
Swiss Federal Court 4P.149_2003 R vs UCI, FFC & CAS
October 31, 2003
In May 2002 the International Cycling Union (UCI) has reported an anti-doping rule violation against the Athlete R. after his A and B samples tested positive for the prohibited substances methylamphetamine, parahydroxyamphetamine, d'amphetamine and bétamethasone.
The French Cycling Federation (FFC), notified the Athlete and ruled on 8 October 2002 that the presence of a prohibited substance was established. However it decided not to sanction the Athlete due to the FFC ruled that the circumstances of the sample collection were an infringement of the French public order.
Hereafter in November 2002 the UCI appealed the FFC decision of 8 October 2002 with the Court of Arbitration for Sport (CAS).
The CAS Panel rejected the Athlete’s argument that after signing the FFC sport licence he did not accept the CAS jurisdiction to appeal a case. The Panel also ruled that the circumstances related to the Athlete’s sample collection were not a breach of the French public order.
Therefore the Court of Arbitration for Sport ruled that:
1.) the UCI appeal of 22 November 2002 is upheld;
2.) the Decision of the French Cycling Federation of 8 October 2002 is set aside;
3.) Due to this is Athlete’s second violation, he is sanctioned with a 4 year period of ineligibility and a fine of CHF 4000, -
4.) The suspension starts on the date of notification of this decision.
