CAS 2009/A/2011 Stephan Schumacher v. International Olympic Committee (IOC)
Related cases:
IOC 2009 IOC vs Stefan Schumacher
November 18, 2009
CAS 2009_A_1820 Stefan Schumacher vs UCI
January 22, 2010
Cycling
Doping
Allocation of the costs incurred by the parties in case of withdrawal of the appeal
In deciding which party bears the parties’ costs and the measure of the contribution, a CAS panel has to take into account the outcome of the arbitration, the conduct of the parties and the financial resources of the parties. A withdrawal of the appeal, which therefore renders the decision appealed against unchallenged, is a situation which de facto corresponds to a dismissal of the appeal aiming at setting aside the decision; as to the conduct of the parties, a better-timed withdrawal can avoid an unnecessary preparation and counsel’s costs by the respondent. Last, the panel controls if the financial resources of the respondent clearly outweigh those of the appellant.
Mr. Stephan Schumacher is a German Athlete competing in the Mens’ Individual Time Trial cycling event at the Beijing 2008 Olympic Games. In January 2009 the International Olympic Committee (IOC) decided to perform further testing on the Athlete’s samples collected during the 2008 Olympic Games, due to a fully validated test to detect CERA became available.
In April 2009 The IOC reported an anti-doping rule violation against Stefan Schumacher after his 2008 A and B samples tested positive for the prohibited substance methoxy polyethylene glycol-epoetin beta (CERA).
On 18 November 2009 the IOC Disciplinary Commission concluded that he has committed an anti-doping rule violation and decided to disqualify the Athlete from Men’s Individual Time Trial event of the Beijing 2008 Olympic Games. The UCI was requested to modify the disqualification accordingly and to consider any further action within its own competence.
Hereafter in December 2009 the Athlete appealed the IOC decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the IOC decision and to be declared not guilty of an doping violation during the Beijing 2008 Olympic Games.
On 22 January 2010 in the CAS proceedings (CAS 2009/A/1820 Stefan Schumacher vs UCI) the CAS Panel decided to impose a 2 year period of ineligibility on the Athlete.
In March 2010 the Athlete informed CAS that he wished to withdraw his appeal in this case (CAS 2009/A/2011) referring to the decision and imposed sanction after the CAS proceedings in CAS 2009/A/1820.
Therefore on 6 May 2010 the Court of Arbitration for Sport rules:
1.) The withdrawal of the appeal filed by Mr Stephan Schumacher against the decision issued on 17 November 2009 by the Disciplinary Committee of the International Olympic Committee is acknowledged.
2.) The procedure CAS 2010/A/2011 Schumacher v/IOC is terminated and deleted from the CAS roll.
3.) This award is pronounced without costs, except for the court office fee of CHF 500 (five hundred Swiss Francs) paid by Mr Stephan Schumacher, which is retained by the CAS.
4.) Mr Stephan Schumacher is ordered to pay CHF […] to the International Olympic Committee as a contribution towards the legal and other costs incurred in connection with these arbitration proceedings.
5.) All other prayers for relief are dismissed.
