Related cases:
- ITF 2005 ATP vs Guillermo Cañas
August 7, 2005 - Swiss Federal Court 4P.172_2006 Guillermo Cañas vs ATP Tour & CAS
March 22, 2007 - CAS 2005/A/951 Guillermo Cañas vs ATP - Revision
May 23, 2011 & May 23, 2012 - European Court of Justice C-269_12 P Guillermo Cañas vs European Commission
June 20, 2013
In March 2005, the Association of Tennis Professionals (ATP) has reported an anti-doping rule violation against the Athlete Guillermo Cañas after his A and B samples tested positive for the prohibited substance hydrochlorothiazide (HCT). Consequently the ATP Anti-Doping Tribunal decided on 7 August 2005 to impose a 2 year period of ineligibility on the Athlete, starting on 11 June 2005.
Thereupon in August 2005 the Athlete appealed the ATP decision of 7 August 2005 with the Court of Arbitration for Sport (CAS). The Panel considered the Appellant’s arguments on EU law and the majority of the Panel rejected them.
Assuming that EU law would be applicable to the present case, as alleged by the Appellant, although such application has not been specifically agreed by the parties, the Panel is of the view that the present decision does not violate EU law.
The Court of Arbitration for Sport ruling de novo decides:
1.) The appeal filed by the Athlete Mr Guillermo Cañas on 29 August 2005 is partially upheld.
2.) Mr Guillermo Cañas has committed a Doping Offense during the “Abierto Mexicano de Tenis” held in Acapulco, Mexico on 21 February 2005 and his results from the competition shall be disqualified. Any prize money collected at such Tournament not previously returned to ATP Tour shall be returned to ATP Tour within 7 days of the date of this award.
3.) Mr Cañas shall be ineligible to compete on the ATP Tour for the fifteen months period beginning from 11 June 2005.
4.) To the extent that ATP Tour has collected prize money for competitions in which Appellant competed after the Tournament, those amounts shall be returned to Appellant by ATP Tour within 7 days of the date of this award.
5.) The award is pronounced without costs, except for the Court Office fee of CHF 500.- already paid by the Appellant and to be retained by the CAS.
6.) Each party shall bear its own costs.
Hereafter the Athlete appealed the CAS decision of 23 May 2006 (CAS 2005/A/951) with the Swiss Federal Court. The Athlete argued that his right to be heard was violated by the CAS Panel.
On 22 March 2007, the Swiss Federal Court ruled that the Appellant’s right to be heard was disregarded by the CAS Panel and on that basis, the Swiss Federal Court annulled the CAS Panel’s award (Swiss Federal Court 4P.172_2006).
In the light of the judgment of the Swiss Federal Tribunal, the CAS Panel has reviewed the submissions and evidence originally submitted by the parties and issues a new revised award (23 May 2007) in substitution of the award rendered on 23 May 2006.
Next the Athlete Guillermo Cañas submitted a complaint to the European Commission on grounds of alleged violations of EU antitrust law, committed by WADA, ATP and ICAS, related to his anti-doping rule violation case and the imposed sanction. The European Commission decided on 12 October 2009 to dismiss the Athlete’s complaint (decision C(2009)7809).
The Athlete then challenged the European Commission's rejection with the European Court of Justice (case T-508/09) who decided on 26 March 2012 there was no need to adjudicate.
