CAS 1999_A_230 B. vs International Judo Federation

CAS 1999/A/230 B. vs Fédération Internationale de Judo
TAS 99/A/230 B. / Fédération Internationale de Judo (FIJ)

Related case:

CAS 1998_214 B. vs International Judo Federation
March 17, 1999

  • Judo
  • Doping (nandrolone)
  • Absence of legal basis to sanction the athlete

1. Neither the IJF Anti-Doping Rules nor the IOC Medical Code provide for the disqualification in the case of an out-of-competition positive test result. In casu, the results of the appellant can’t be invalidated, from the moment he has obtained his title and medal, certainly after the positive out of competition control, but before the notification of the decision informing him of his suspension.

2. According to its jurisprudence, CAS can not invent sanctions, when these don’t exist. Where regulatory instruments define penalties and their conditions of application to specific facts, the principle of strict interpretation must be respected in all its rigor by sports bodies and by CAS. In casu, neither the IJF Anti-Doping Rules nor the IOC Medical Code provide for disqualification in the matter of an out-of-competition positive test result.


On 17 March 1999 the Court of Arbitration for Sport decided to impose a 15 month period of ineligibility on the French Athlete (TAS 98/214) after his A and B samples tested positive for the prohibitied substances 19-norandrosterone, 19-noretiocholanolone (Nandrolone).

As a consequence of the CAS decision of 17 March 1999 the International Judo Federation (IJF) decided in April 1999 to disqualify the Athlete’s results obtained at the World Championships in October 1997 including withdrawal of his medal. This decision was notified to the Athlete on 8 June 1999.

Hereafter in June 1999 the Athlete appealed the IJF decision of 8 June 1999 with the Court of Arbitation for Sport (CAS).

The CAS Panel finds that the imposed sanction on the Athlete started on the date of the notification of the anti-doping violation on 22 October 1997 and not on the date of his participation to the World Championships from 8 to 11 October 1997.

herefore the IJF was not authorized to invalidate the Athlete’s results obtained at this event and also neither the IJF Anti-Doping Rules nor the IOC Medical Code provide for disqualification in the matter of an out-of-competition positive test result.

Therefore on 20 December the Court of Arbitration for Sport decides to allow the Athlete’s appeal and to cancel the IJF decision for the Athlete’s to annul his results and medal won at the 1997 World Championships.

Original document

Parameters

Legal Source
CAS Appeal Awards
Date
20 December 1999
Arbitrator
Alaphilippe, François
Oswald, Denis
Rasquin, Gérard
Original Source
Court of Arbitration for Sport (CAS)
Country
France
Language
French
ADRV
Adverse Analytical Finding / presence
Legal Terms
ADRV Notice
Commencement of ineligibility period
Rules & regulations International Sports Federations
Rules & regulations IOC
Sport/IFs
Judo (IJF) - International Judo Federation
Laboratories
Paris, France: Agence Française de Lutte contre le Dopage (AFLD)
Analytical aspects
B sample analysis
Doping classes
S1. Anabolic Agents
Substances
19-norandrosterone
19-noretiocholanolone
Nandrolone (19-nortestosterone)
Various
Disqualified competition results
Document type
Pdf file
Date generated
16 September 2016
Date of last modification
7 August 2023
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  • Various
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