On 3 Febuary 2014 the Spanish Agency for the Protection of Health in Sport (Agencia Española de Protección de la Salud en el Deporte, AEPSAD) decided to impose a 2 year period of ineligibility on the respondent after his sample tested positive for the prohibited substances terbutaline.
The respondent stated that he used the product Terbasmin as self-medication because of respiratory difficulties, purchased in a pharmacy without prescription.
Hereafter in April 2014 the respondent appealed the AEPSAD decision with the Tribunal Administrativo del Deporte (TAD), the Spanish Disciplinary Committee for Sports.
The respondent filed several arguments in his defence regarding the disproportionality of the imposed sanction; the violations of the rights for defence and against the AEPSAD allegations.
Considering the principle of strict liability the Tribunal concludes that there where no grounds to reduce the imposed sanction; that the respondent failed to apply for a TUE for his medication without a prescription; and that his rights in this case were not violated.
Therefore the Tribunal dismiss the respondent’s appeal and decides on 25 April 2014 to confirm the AEPSAD decision of 3 February 2014.
