Related case:
CAS 2010/A/2308 Franco Pellizotti vs CONI & UCI
June 14, 2011
In March 2010, a panel of experts concluded that the Athlete’s Biological Passport (ABP) of the Italian Athlete Franco Pellizotti showed the use of a prohibited substance of method without adequate explanation from the Athlete for these anomalies in his ABP.
Therefore the International Cycling Federation (UCI) and the CONI Anti-Doping Prosecution Office (UPA) reported an anti-doping rule violation against the Athlete in May 2010.
After notification bij the Federazione Ciclistica Italiana (FCI), the Italian Cycling Federation, a provisional suspension was ordered and the Athlete was heard for the Italian National Anti-Doping Tribunal. On 31 October 2010 the Tribunale Nazionale Antidoping del CONI (TNA), the CONI National Anti-Doping Tribunal, decided that an anti-doping rule violation has not been establische due to insufficient evidence.
Hereafter the UCI and the Athlete appealed the CONI TNA decision with the Court of Arbitration for Sport (CAS).
Based on the evidence in the Athlete’s Biological Passport and after the testimonies of experts, the CAS Panel concluded that the Athlete had committed an anti-doping rule violation.
Therefore the Court of Arbitration for Sport Panel decided:
1.) To dismiss the Athlete’s appeal;
2.) to set aside the decision of Tribunale Nazionale Antidoping del CONI of 21 October 2010;
3.) to impose a 2 year period of ineligibility on the Athlete Franco Pellizotti;
4.) disqualification of all results obtained by the Athlete from 7 May 2009;
5.) to order the Athlete to pay 115,000 euro to the UCI as financial sanction;
On 19 August 2001 The Athlete appealed the CAS decision of 8 March 2011 with the Swiss Federal Court. The Athlete filed several arguments in his defence and requested the court for annulment of the decision. The Swiss Federal Court considers the Athlete’s arguments and concludes that they are not justified and therefore decides on 18 June 2012 to dismiss the Athlete’s Appeal.
