Facts
Andreas Berger, the Athlete, appeals before the Court of Vienna against a decision of the Austrian Athletic Federation (Österreichischer Leichtathletik-Verband, ÖLV) in which he was sanctioned with a period of ineligibility of four years.
History
The athlete had been sanctioned because of the use of metandienone which is a prohibited substance according the World Anti-Doping Agency (WADA) 1993 prohibited list. The International Association of Athletics Federations sanctions this with a 4 year period of ineligibility, a second violation will be a life ban. The sanction of a first violation by the Austrian Sport Federation (Österreichischen Bundessport-organisation, BSO) however is only a 2 year period of ineligibility for national and international games. The athlete had used the prohibited substance to recover from a operations of his Achilles joints. Also it is considered that a 4 year period of ineligibility goes against the principle of the freedom to pursue a trade, it is the end of the career of the athlete. Also it is against the principle of proportionality.
Decision
- The sanction of the ÖLV is inappropriate.
- ÖLV has to pay the legal fee.
