Avis consultatif TAS 95/144 Comités Olympiques Européens (COE)
Related case:
CAS 1994/128 UCI vs CONI
January 5, 1995
- Anti-Doping Rules
- Competence to regulate doping in multidisciplinary competitions organized by Associations of National Olympic
- Committees
On 5 January 1995, at the request of UCI and CONI (TAS 94/128 UCI-CONI), the Court of Arbitration for Sport (CAS) ruled in an advisory opinion about four questions. In the matter about the authority in international competitions the CAS Panel ruled that the UCI is authorized as International Federation and NOC and any other national sports body are subsidiair.
Because of this remdered opinion TAS 94/128 the Intenational Olympic Committee (IOC) requested in August 1995 the CAS Panel to render an advisory opinion about 2 questions:
1.) Can Associations of National Olympic Committees (NOC) that organize multidisciplinary international competitions, such as the Pan American Games, the Mediterranean Games, the European Youth Olympic Days, in particular, fully implement the IOC Anti-Doping Rules?
2.) Are the NOC Associations authorized in this matter?
On 21 December 1995 CAS Panel rules:
1.) The Anti-Doping Rules applied to multidisciplinary competitions organized by continental or regional NOC Associations fall under the IOC Medical Code as enforcement of Rule 48 of the Olympic Charter.
2.) Without prejudice to the answer to the first question, it seems advisable that NOC Associations organizing multidisciplinary competitions in their constitutive texts should clearly refer to the IOC Medical Code constituent the applicable anti-doping rules.
3.) In multidisciplinary competitions organized by NOC Associations any other anti-doping regulations than the IOC Medical Code can only be applied subsidiair.
