Related case:
ANAD Comisia de Audiere 2010_31 ANAD vs Domokos Balogh
September 16, 2010
On 16 September 2010 the Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, decided to impose a 2 year period of ineligibility on the Athlete Domokos Balogh after his sample tested positive for the prohibited substance testosterone with a T/E ratio above the WADA threshold (case 31/16.09.2010). Research of the Athlete’s supplements showed that the food supplement he used contained the prohibited substance testosterone.
The Athlete’s appeal against this decision was dismissed by the ANAD Appeal Commission on 9 December 2010 (appeal case 10/09.12.2010).
Hereafter in January 2011 the Athlete appealed the decision of the ANAD Appeal Commission (appeal case 10/09.12.2010) with the Romanian Administrative Appeal Court in Cluj instead with the Court of Arbitration for Sport (CAS) in Switzerland.
The Athlete requested the Court in Cluj for the annulment of the decision of his ANAD case 31/16.09.2010 and the appeal case 10/09.12.2010 and only to issue only a reprimand for his his violation.
During the appeal proceedings with the Apeal Court in Cluj, the Athlete’s suspension was lifted by the Court on 6 May 2011.
On 5-6 June 2011 the Athlete participated in the National Championship for Master of the Romanian Bodybuilding and Fitness Federation which ANAD considered this a violation of the imposed 2 year period of ineligiblilty as decided on 16 September 2010 (case 10/09.12.2010).
The Romanian National Anti-Doping Agency appealed with the Romanian High Court of Cassation and Justice against the decision of the Appeal Court of Cluj of 6 May 2011 to lift the Athlete’s suspension, which decided on 24 November 2011 to dismiss the decision of the Appeal Court in Cluj.
After reopening the Athlete’s case the Appeal Court in Cluj decided on 6 April 2012 to dismiss the Athlete’s appeal.
On 15 May 2012 the ANAD Hearing Commission (case 13/15.05.2012) decided, due to the Athlete’s violation of sanction, to set a new start on 5 June 2011 of the imposed 2 year period of ineligibility: the day of the Athlete’s participation to the bodybuilding championship.
Again the Athlete appealed the Decision of the ANAD Hearing Commission (case 13/15.05.2012) with the ANAD Appeal Commission (appeal case 1/29.08.2012).
The ANAD Appeal Commission reviewed the case and concludes that the Appeal Court in Cluj decided ex oficio to lift the Athlete’s suspension on 6 May 2011 without the request of the Athlete.
Nevertheless the Appeal Commission finds that it can’t be established that the Athlete was suspended from 6 May 2011 (decision of the Appeal Court of Cluj) until 24 November 2011 (decision of the High Court of Cassation and Justic) and therefore violated the anti-doping rules when the Athlete participated to the National bodybuilding championship.
On 29 August 2012 the ANAD Appeal Commission decides that:
- the Athlete’s appeal is admissible;
- to annul the decision of the ANAD Hearing Commission (case 13/15.05.2012);
- to start the Athlete’s period of ineligibility on 16 September 2010 (as decided in case 31/16.09.2010);
- from 6 May 2011 until 24 November 2011 the Athlete’s ineligibility was lifted by the Appeal Court in Cluj;
- the ineligibility was resumed on 24 November 2011 until the terminination of the initial ineligibility.
