CAS 2003/A/442 Fédération Française d’Escrime (FFE) / Fédération Internationale d’Escrime (FIE)
TAS 2003/A/442, Fédération Française d’Escrime (FFE) / Fédération Internationale d’Escrime (FIE)
- Fencing
- Doping
- Retroactive Suspension inposed on Athlete
- Disqualification and withdrawal of points from the team of the suspended athlete
1. According to its jurisprudence, CAS must decide within the frameword of sport law and can’t invent sanctions when they don’t exist. In other words, when the regulatory texts define the sanctions and their conditions of application to specific facts, the principle of strict interpretation must be respected in all its rigor by sports bodies and also by CAS. The possibility provided in a disposition of the FIE Technical Rules to apply the "appropriate rules" can not by itself constitute a sufficient legal basis. The literal and systematic interpretation of this disposition does not lead to the conclusion that it allows the FIE a complete blanc sign, for adopting an infinite possibility of new rules to situations at its discretion. This disposition can only refer to existing rules and provisions anywhere else.
2. If, in general, disqualification constitutes an automatic sports sanction of a competitor or his team, in the case of an individual or collective anti-doping violation, with the aim of avoiding unequal remedy between the athletes or their teams, the suspension constitutes a disciplinary sanction repressing the individual behavior of an athlete. The disqualification of a team from a competition due to the positive control of one of its members, automatic sports measure expressly according to provisions in the FIE Rules, is therefore perfectly admissible and coherent. On the other hand, the justification of imposing the same automatic sporting sanction on a team, that would have participated in a competition when the athlete was not suspended and who was not informed about the positive doping control, due to the athlete is later suspended retroactively. Such a sanction can certainly not be imposed in the absence of an explicit and clear legal basis.
On 15 January 2003 the Disciplinary Tribunal of the International Fencing Federation (FIE) decided to impose on the French fencer L. a 10 month period of ineligiblility, starting on 16 June 2002, and a € 500,- fine, after his A and B samples tested positive for the prohibited substance 19-norandrosterone.
As a consequence of the violation the results of the French fencing team obtained in competitions was annulled with retroactive effect from 16 June 2002.
The French Fencing Federation (FFE) asserted to FIE that the decision to annul the results of the French Fencing was invalid under the FIE Anti-Doping Rules and also under the IOC Anti-Doping Rules. However the FIE decided in January 2003 to uphold the annulment.
Hereafter in February 2003 the FFE appealed the FIE decision with the Court of Arbitration for Sport (CAS). The FFE considered it acceptable that the results were lost of the competitions where the Athlete L. competed but argued that the team should not be disqualified from the competitions were no member of the French team was tested.
The Court of Arbitration for Sport accepts the FFE appeal and concludes that there is no legal basis for the FEI sanction against the French fencing team. Therefore the Panel decides on 19 August 2003 that the disqualification of the results of two competitions must be cancelled.
