CAS 2000/A/274 S. / Fédération Internationale de Natation (FINA), order of 26 May 2000
Related case:
CAS 2000_A_274 S. vs FINA
October 19, 2000
Conditions for granting a stay of a decision
On 25 March 2000 the FINA Doping Panel decided to impose a 4 year period of ineligibility on the Italian Athlete S. after her A and B samples tested positive for the prohibited substance testosterone with a T/E ratio above the threshold.
In May 2000 the Athlete S. appealed the FINA decision with the Court of Arbitration for Sport (CAS).
The Athlete requested the CAS Panel in this proceedings for the stay of the execution of the FINA decision in order to compete at the European Swimming Championships (in Helsinki between 29 June and 6 July 2000) and to be able to qualify for the Sydney 2000 Olympic Games.
In this Preliminary Award the CAS Panel finds that a doping offence has been established and that the FINA decision of 25 March 2000 is not contrary to the FINA Doping Control Rules.
Therefore the CAS Appeals Arbitration Division decides on 26 May 2000:
1.) Dismiss the application for provisional measures filed by S. on 4 May 2000.
2.) States that the present order is pronounced without costs.
