TAS 98/203 Union Cycliste Internationale (UCI) / F. & Federazione Ciclistica Italiana (FCI)
- Cycling
- Doping (testosterone and metenolone)
- Double infringement
1.) When an athlete tested positive for the same substance or method several times in a short period of time and it is decided that these positive test results are caused by one anti-doping violation, these cases will be joined into one imposed sanction and into one imposed fine. On the other hand, when the athlete tested positive for two different substances and that these positive tests are the result from different doping acts, there is a double infringement. In both cases disqualification will be applied on all competition events where the athlete tested positive.
2.) The CAS summary proceedings is a guarantee of double degree of jurisdiction. Therefore, and provided that there is a domestic legal remedy in de legislation of the country in question, the UCI considers that CAS is the only court of appeal.
In August 1997 the International Cycling Union (UCI) reported an anti-doping rule violation against the Italian Athlete F. after his 2 samples provided at the Tour of Switzerland in June 1997 tested positive for the prohibited substances metenolone and testosterone with a T/E ratio above the threshold.
Also in October 1997 the UCI reported a second anti-doping rule violation against the Athlete after his sample provided at the Tour of Poland in September 1997 tested positive for methyltestosterone.
On 12 January 1998 the Italian Cycling Federation, Federazione Ciclistica Italiana (FCI), decided to impose a 6 month period of ineligibility and a CHF 2.000,- fine on the Athlete including 50 points loss.
On 8 April 1998 the FCI decided for the Athlete’s second violation to impose an additional 1 year period of ineligibility and a CHF 4.000,- fine including including 75 points loss. Here the Athlete admitted that he had used doping during the Tour of Switzerland but denied the use of doping during the Tour of Poland.
The Athlete appealed the FCI decision of 8 April 1998 and on 16 May 1998 the FCI Appeal Commission concluded that no double infringement occurred and decided to set aside the challenged sanctions and to impose on the Athlete a 8 month period of ineligibility and a CHF 3.500,- fine including 70 points loss.
Hereafter the UCI appealed the FCI Appeal Commission decision of 16 May 1998 with the Court of Arbitration for Sport (CAS). The UCI requested the Panel to set aside the decision of the FCI decision and to uphold the FCI decisions of 12 January and 8 April 1998.
Considering the evidence and statements in this case the Panel concludes that the Athlete has committed two anti-doping violations for the use of the substances testosterone and metenolone during the 1997 Tour of Switzerland and for methyltestosterone during the 1997 Tour of Poland.
Therefore the Court of Arbitration for Sport decides on 20 November 1998:
- To set aside the decision of the FCI Appeal Commission of 16 May 1998;
- To uphold the FCI decision of 12 January 1998 (1997 Tour of Switzersland);
- To disqualify the Athlete’s results obtained at the 1997 Tour of Poland;
- To impose a 1 year period of ineligibility, including 5 months as suspended sanction, for the Athlete’s second violation (1997 Tour of Poland); and
- CHF 4.000,- fine.
