Related case:
CAS 2002/A/431 UCI vs R & FFC
May 23, 2003
In May 2002 the International Cycling Union (UCI) has reported an anti-doping rule violation against the French Athlete R after his A and B samples tested positive for the prohibited substances methylamphetamine, parahydroxyamphetamine, d'amphetamine and betamethasone. The Athlete had a TUE for betamethasone.
The Fédération Française de Cyclisme (FFC), the French Cycling Federation decided on 8 October 2002 not to sanction the Athlete due the circumstances of the sample collection were an infringement of the French public order.
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 sanctioned the Athlete on 23 May 2003, as second violation with a 4 year period of ineligibility and a fine of CHF 4000, -. (TAS / CAS 2002/A/431)
Hereafter the Athlete appealed the CAS Decision of 23 May 2003 with the Swiss Federal Court.
The Athlete disputed the CAS’ jurisdiction and claimed that his right to be heard was violated.
The Swiss Federal court considers the Athlete’s arguments and decides on 31 October 2003 to dismiss the Athlete’s appeal.
