Swiss Federal Court 4P.148_2006 Danilo Hondo vs WADA, UCI, Swiss Cycling & Swiss Olympic
January 10, 2007
Related cases:
CAS 2005/A/922 Danilo Hondo vs Swiss Cycling & Swiss Olympics
CAS 2005/A/923 WADA vs Danilo Hondo & Swiss Olympics
CAS 2005/A/926 UCI vs Danilo Hondo & Swiss Olympics
January 10, 2006
In March 2005 the International Cycling Federation (UCI) has reported an anti-doping rule violation against the Athlete Danilo Hondo after his A and B samples tested positive for the prohibited substance carphedon. After notification by Swiss Cycling the Athlete was heard for the Disciplinary Chamber for Dopingcases of Swiss Olympic. On 2 June 2005 the Disciplinary Chamber decided to impose 2 year period of ineligibility on the Athlete, with 1 year suspended for a 5 year period. Also the Disciplinary Chamber sanctioned the Athlete with a CHF 50,000 fine and ordered to pay CHF 5,000 for the procedural costs.
Hereafter in July 2005 the Athlete, UCI and WADA appealed the Swiss Olympic Decision of 2 June 2005 with the Court of Arbitration for Sport (CAS).
Considering the Athlete’s arguments the CAS finds that no departure from the ISL occurred in this case; the Athlete failed to establish how the substance entered his system and without grounds for reduction of the sanction.
Considering the arguments of UCI and WADA, the CAS Panel concludes that the UCI Anti-Doping Rules doesn’t allow the imposition by Swiss Olympics of a suspended period of ineligibility, nor the possibility to fine an Athlete guilty of an anti-doping rule violation.
Therefore the Court of Arbitration for Sport Panel decides:
1.) to allow the WADA appeal;
2.) to allow the UCI appeal;
3.) to dismiss the appeal of the Athlete Danilo Hondo;
4.) to set aside the decision of the Disciplinary Chamber for Dopingcase of Swiss Olympic of 2 June 2005;
5.) to impose a 2 year period of ineligibility on the Athlete, starting on 1 April 2005 until 31 March 2007.
In July 2006 the Athlete appealed the CAS Decision of 10 January 2006 with the Swiss Federal Court after his previous appeal was dismissed by the Tribunal Cantonal de Vaud on 16 May 2006.
The Swiss Federal Court considers the Athlete’s arguments and decides on 10 January 2007 to dismiss his appeal.
