Swiss Federal Court 4A_750_2011 Company A vs Company B

The Italian Company A signed in September 2010 a sponsorship contract with Company B, which managed cycling team C.
On 25 July 2011 the Ad Hoc Court of Arbitration for Sport Panel rejected the request of Company A to cancel their sponsorship of B and cyclingteam C. The Panel ruled that Company A had to continue their sponsorship payments from November 2010 to June 2013.

After the CAS Decision of 25 July 2011, newspaper articles and new releases on websites reported in September 2011 about doping violations committed by Athlete D, cyclist in Team C, and also mentioned criminal proceedings for doping and a confidentional list of suspected Athletes.
Reason for Company A to request the Swiss Federal Court for revision of the CAS decision of 25 July 2011: Company A argued that the doping violation showed that Company B failed to fulfill proper supervision on the team members and therefore, the sponsorship contract could be terminated immediately due to default.

The Swiss Federal Court decided on 21 August 2012 to dismiss the appeal of Company B. The Court ruled that the news about alleged doping violations in team C are no ground and are irrelevant to request a revision of the CAS decision.

Original document

Parameters

Legal Source
Civil Court Decisions
Federal Court Decisions
Date
21 August 2012
Arbitrator
Klett, Kathrin
Kolly, Gilbert
Rottenberg Liatowitsch, Vera
Original Source
Swiss Federal Court
Country
Italy
Spain
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Breach of contract
Negligence
Revision
Sport/IFs
Cycling (UCI) - International Cycling Union
Various
Publicity / public disclosure
Sports officials
Document type
Pdf file
Date generated
29 July 2014
Date of last modification
27 November 2017
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  • Doping classes
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  • Various
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