CAS 2009/A/1764 Club Sportif Olimpic Craiova c/ RANAD
CAS 2009/A/1764 Olimpic Sport Club vs ANAD
Related cases:
- ANAD Comitet Sancțiune 2008_05 ANAD vs Corina Dumbrӑvean
February 19, 2008 - ANAD Comisia de Apel 2008_06 Olimpic Sport Club & Corina Dumbravean vs ANAD
December 12, 2008 - ANAD Comisia de Audiere 2010_18 ANAD vs Corina Dumbrӑvean
July 8, 2010 - ANAD Comisia de Apel 2010_06 Corina Dumbrӑvean vs ANAD
August 10, 2010 - ANAD Comisia de Apel 2010_07 Olimpic Sport Club vs ANAD
August 10, 2010 - CAS 2010/A/2220 Corina Dumbrӑvean vs ANAD
July 26, 2011
In February 2008 the Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, has reported an anti-doping rule violation against the Athlete Corina Dumbrӑvean after her sample tested positive for the prohibited substance NESP - Novel Erythropoiesis Stimulating Protein -(Darbepoetin).
The ANAD Hearing Commission considered the filed statements and evidence that in November 2011 the Athlete suffered from an acute renal deficiency, low output of urine with unconsciousness for which the Athlete was hospitalized urgently. As medical treatment medications were administrated which contained prohibited substances. The Commission ruled that the Athlete established her lack of guilt or significant negligence due to she did not know ans did not suspected that she was administered prohibited substances.
Therefore on 19 February 2008 the ANAD Sanction Committee decided (case 5/19.02.2008) not to impose a period of ineligibility on the Athlete.
In March 2008 the Federația Română de Atletism (FRA), the Romanian Athletics Federation, appealed against case 5/19.02.2008) with the ANAD Appeal Commission. The RAF argued that in this case 5/19.02.2008 the IAAF anti-doping rules had been disregarded.
On 23 May 2008 the ANAD Appeal Commission (appeal case 2/23.05.2008) ruled that the RAF appeal is admissible and decided to annul the decision (case 5/19.02.2008) of the ANAD Sanction Committee.
The Athlete’s file was submitted to the IAAF Doping Review Board which investigated the case and concluded in August 2008 that there were no exceptional circumstances for the reduction or elimination of the Athlete’s sanction. As a result the ANAD Sanction Committee decided on 10 September 2008 to impose a 2 year period of ineligibility on the Athlete (case 22/10.09.2008).
The Athlete and the Olimpic Sport Club in Craiova appealed against the decision in this case 22/10.09.2008, which was dismissed by the ANAD Appeal Commission on 8 December 2008 (appeal case 6/8.12.2008).
The Romanian Olimpic Sport Club in Craiova appealed in January 2009 the decision made by the ANAD Appeal Commission (appeal case 6/8.12.2008) with the Court of Arbitration for Sport (CAS 2009/A/1764).
The CAS Panel considered the Romanian Sport Club’s arguments and concluded on 9 October 2009 that the appeal is inadmissible.
