Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M73 for a violation of the Anti-Doping Rules. During a cycling event on July 4, 8, 13 and 15, 2008, samples were taken for doping test purposes. The analysis of the samples showed the presence of a Erythropoietin (EPO) of the type Mircera which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.
History
The legal representative of the respondent disputes the results because his client was already been sanctioned, on October 2, 2008, by the Italian Anti-Doping Authority. This leads to a situation of "Non bis in Idem" a person can't be convicted twice for the same offense. Respondent had already made an appeal before the Court of Arbitration for Sport (CAS_A_1698) against the decision of October 2, 2008, by the Italian National Olympic Committee (CONI). However the offense happened in France.
Decision
1. The sanction is period of ineligibility of two years in which the respondent can't take part in competition or manifestations organized or authorized by French sport federations.
2. The period of ineligibility will be reduced by the period already served after July 17, 2008.
3. All the results obtained at the Tour de France 2008 are cancelled. Medals, points and prizes are withdrawn by the FCC.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.
