Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M01 for a violation of the Anti-Doping Rules. The respondent was convicted for the possession of erythropoietin and growth hormones by the correctional court (on May 28, 2012, finalized on June 8 2013) for an imprisonment of four months and a fee of 5.000 euro.
The disciplinary committee sanctioned respondent, in her decision on August 7, 3007, with a period of ineligibility of four years in which respondent can't take part in competition or manifestations of French sport federations. All his result obtained after June 8, 2013, are cancelled with all it's consequences.
The appeal commission confirmed the decision in first instance.
The AFLD will consider the sanctions of the committees.
Respondent confessed before the correctional court the use of erythropoietin and growth hormones in the period May-June 2009 in order to improve athletic performance.
Considering that under independence of the criminal and disciplinary prosecution, the same facts may give rise to both criminal sanctions and disciplinary sanctions in accordance with the principle of proportionality.
Respondent was already sanctioned, by a decision of November 23, 2009, with the prohibition to participate for two years any competition or sporting event organized or authorized by the French cycling federation, this sanction concerned using formestane, and not that of erythropoietin or growth hormones, he was would already sanctioned and doesn't accept a sanction for the same facts.
Decision
1. The sanction is a period of ineligibility of four years in which respondent can't take part in competition or manifestations organized or authorized by the French sports.
2. The period of ineligibility will be reduced with the period already served by the decision, dated August 7, 2013, by the disciplinary committee of the FFC and the period served under the sanction, dated September 30, 2013, by the appeal committee of the FFC.
3. The decision of September 30, 2013, should be modified.
4. The decision starts on the date of notification.
5. The decision will be published and sent to the parties involved.
