CAS 2005/A/946 IAAF v/ FIDAL & Marco Giungi
On 25 May 2005 the National Judging Commission of the Italian Athletics Federation (FIDAL) decided to close the case against the Athlete Marco Guingi after his A and B samples tested positive for the prohibited substances 19-norandrostenedione and 19-norandrosterone (Nandrolone). Established were exceptional circumstances in this case due to the Athlete non intentially had used contamined supplements.
Hereafter in August 2005 the International Association of Athletics Federations (IAAF) appealed the FIDAL decision of 25 May 2005 with the Court of Arbitration for Sport (CAS). The IAAF requested the Panel to impose a 2 year period of ineligibility on the Athlete for committing an anti-doping rule violation.
The Athlete requested to dismiss the IAAF appeal because the IAAF had to apply its appeal with the FIDAL Appeals Commission and not with CAS and argued that no sanction had te be imposed on him on the basis of exceptional circumstances.
The Panel finds that under IAAF and FIDAL Rules, IAAF had no right to appeal the FIDAL decision of 25 May 2005 with CAS. Because the IAAF had the right to appeal the FIDAL Commission decision with the Federal Appeals Commission, but did not do so, this case ended when the time limit to make such an appeal expired.
The IAAF therefore did not have the right to make this appeal to CAS. The Panel concludes that, due to lack of jurisdiction of the Court of Arbitration for Sport, the appeal filed by the lAAF shall be dismissed.
Therefore the Court of Arbitration for Sport decides on 2 March 2006 to dismiss the IAAF appeal of 15 August 2005 against the FIDAL decision of 25 May 2005.
