CAS 2015/A/4024 E. v. Turkish Athletics Federation (TAF) & World Anti-Doping Agency (WADA)
Athletics
Doping
CAS jurisdiction
Control by the International Federation of the jurisdictional system of one of its national federations
1. If the rules of a national association do not provide jurisdiction to CAS or to an independent and impartial arbitration court, this cannot as such create a CAS jurisdiction by default. There must be a specific jurisdiction clause in the national federation’s statutes and regulations as this is reflected under R47 of the Code.
2. If an International Federation finds that the jurisdictional system of one of its national federations does not comply with its statutes, it will need to take the necessary measures towards the national association in order for the latter to introduce a valid jurisdiction clause in favour of CAS and/or establish an arbitration court which meets the International Federation’s criteria on independence and impartiality. In the meantime, it will be a matter of domestic law, to decide whether a party concerned by a decision issued by national federation’s body has the right to appeal against such decision before a competent state court.
CAS 2015_A_4024 E. vs Turkish Athletics Federation & WADA - Preliminary Award
November 17, 2015
In 2013 41 Turkish athletics athletes were sanctioned with a 2 year period of ineligility after their samples tested positive for prohibited substances. None of these athletes were coached by the Appellant E..
On 19 September 2014 the Turkish Athletics Federation (TAF) decided to impose a lifetime ineligibility on the Appellant for the trafficking and providing of prohibited substances to his athletes.
Before the TAF rendered this decision the TAF already had sanctioned the Appellant, but his first case was reversed after the Appellant had appealed the decisions with the Turkish Appeals Tribunal.
Hereafter in March 2015 the Appellant appealed the TAF decision of 19 September 2014 with the Court of Arbitration for Sport (CAS).
On 27 May 2015, the World Anti-Doping Agency (WADA) filed its objection to Admissibility and CAS Jurisdiction. In doing so, WADA requested that its objection be decided upon as a preliminary matter.
The CAS Panel finds that it has no jurisdiction to hear the appeal brought by the Appellant against the decision of 19 September 2014. As a result, the Panel does not need to address the issue of timeliness of the appeal or any other issues raised by any party herein.
Therefore the Court of Arbitration for Sport decides on 17 November 2015 that:
1.) The Court of Arbitration for Sport has no jurisdiction to decide upon the appeal brought by Appellant E. against the decision of the TAF Penal Board dated 19 September 2014.
(…)
4.) All other claims and/or requests for relief are dismissed.
