CAS 2014/A/3496 Anti-Doping Autoriteit Nededand v. 2013035
In June 2013 the Anti-Doping Authority Netherlands (Dopingautoriteit) reported an anti-doping rule violation against the cricket player after his sample tested positive for the prohibited substances Cocaine and Methylenedioxymethamphetamine (MDMA).
Consequently the Disciplinary Committee of the Royal Netherlands Cricket Association (KNCB) decided on 2 August 2013 to impose a 2 year period of ineligibility on the Athlete. However the KNCB Appeals Committee decided on 27 January 2014 to reduce the perod of ineligibility to 1 year.
Hereafter in February 2014 the Dopingautoriteit appealed the KNCB Appeal Decision with the Court of Arbitration for Sport (CAS).
The Dopingautoriteit asserted that this appeal procedure before CAS is expressly aimed at setting aside the Appealed Decision as far as the grounds and motivations are concemed. The appeal is not aimed at contesting:
a.) The decision by the KNCB Committee of Appeal that the Athlete committed a violation of Article 3 KNCB DR;
b.) the period of ineligibility imposed by the KNCB Committee of Appeal; nor
c.) the commencement date of the period of ineligibility.
As such, "this appeal can be characterized as cassation in the interest of the uniform application of the law". The Dopingautoriteit maintains that the Appealed Decision is incorrect and fundamentally flawed for several reasons.
The main issues to be resolved by the Panel are:
- Is there standing to appeal for the NADO and standing to be sued for the Athlete?
- If so, is the Athlete guilty of violating article 3 of the KNCB DR?
- If so, is the standard two-year period of ineligibility to be reduced to one year?
Following consideration of all the evidence produced and all the arguments made, the Panel concludes that the Dopingautoriteit has no standing to appeal and the Athlete has no standing to be sued. This shall however in no event be interpreted as a determinatîon that the Sole Arbitrator supports the reasoning adopted by the Appeals Committee of the KNCB.
As result the Dopingautoriteit's appeal must be dismissed, leaving the remaining issues without merit.
Therefore the Court of Arbitration for Sport decides on 6 March 2015 that:
1.) The appeal filed on 17 February 2014 by the Dopingautoriteit against the Decision issued on 27 January 2014 by the Appeals Committee of the KNCB is dismissed.
2.) The decision issued on 27 January 2014 by the Appeals Committee of the KNCB is confirmed.
3.) The costs of the arbitration, to be determined and served to the parties by the CAS Court Office, shall be borne entirety by the Dopingautoriteit.
4.) Each party shall bear its/his own legal fees and other expenses incurred in connection with this procedure.
5.) All other motions or prayers for relief are dismissed.
