ALAD 2014 Philippe Herman vs ALAD - Appeal

Facts
Philippe Herman, the cyclist, appeals against the decision by the Disciplinary Board against doping (Conseil de discipline contre le dopage, CDD) against doping it the Anti-Doping Agency of Luxembourg (l'Agence Luxembourgeoise Antidopage, ALAD) in which he was sanctioned for a period of one year ineligibility. He had committed a violation of the Anti-Doping Rules because of failing to submit to a doping control at the end of a race organised on March 2, 2014.

History
Given the fact that the rider had not made ​​the necessary effort to learn if his name was on the list to submit to doping control, the CDD decided against Philippe Herman, on June 2, 2014, and applied a penalty of a one (1) year suspension after giving him the benefit of extenuating circumstances.

Decision
The appeal by the cyclist was declared inadmissible by the decision of 17 July 2014 on the grounds that the appeal was addressed to a non-competent authority, in this case addressed to the CDD and not the High Court of discipline (Conseil superieur de discipline contre le dopage, CSDD).

Original document

Parameters

Legal Source
National Decisions
Date
17 July 2014
Arbitrator
Schmartz, Claude
Weydert, Claude
Wiwinius, Jean-Claude
Original Source
Agence Luxembourgeoise antidopage (ALAD)
Country
Luxembourg
Language
French
ADRV
Evasion
Legal Terms
Absence of jurisdiction
Admissibility / inadmissibility
Mitigating circumstances
Period of ineligibility
Sport/IFs
Cycling (UCI) - International Cycling Union
Other organisations
Agence Luxembourgeoise antidopage (ALAD)
Document type
Pdf file
Date generated
18 September 2014
Date of last modification
24 September 2014
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