CAS 2010/A/2268 I. v. Fédération Internationale de l’Automobile (FIA)
CAS 2010/A/2268 Igor Walilko vs FIA
Related cases:
- FIA 2010 FIA vs Igor Walilko
October 11, 2010 - FIA 2011 FIA vs Igor Walilko
September 15, 2011 - Swiss Federal Court 4A_636/2011 Igor Walilko vs FIA
June 18, 2012
In August 2010 the International Automobile Federation (FIA) has reported an anti-doping rule violation against the minor Polish Karting Driver Igor Walilko (12) after his A and B samples tested positive for the prohibited substance Nikethamide.
Consequently on 11 October 2010 the FIA Anti-Doping Committee decided to impose a 2 year period of ineligibility on the Athlete, starting on 18 July 2010.
Hereafter in November 2010 the Athlete appealed the FIA decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the Appealed Decision and to annul the imposed sanction.
The Panel assessed and addressed the following issues raised by the parties:
- The Athlete's submission to the anti-doping regulations.
- The Athlete's representation at the anti-doping control.
- The impact of the anti-doping rules on everyday life.
- The alleged ignorance about the specific substance Nikethamide.
- Applicability on anti-doping rules to minors.
- Evidence of doping.
- Measure of the sanction.
The Panel finds that it must apply the principle of proportionality in order to assess a sanction which could be appropriate to the case at stake. As a result, the Panel finds the suspension of two years decided by the FIA to be excessive and disproportionate.
Therefore the Court of Arbitration for Sport decides on 15 September 2011:
1.) The Appeal filed by the Athlete is partially upheld.
2.) The decision of 11 October 2010 by the Anti-Doping Committee-FIA Medical Commission of the Fédération Internationale de l’Automobile (FIA) is set aside.
3.) The Athlete is declared ineligible for a period of 18, starting from 18 July 2010.
4.) The Athlete is disqualified from the individual results obtained in the karting event held in Ampfing, Germany on 18 July 2010, as well as from any competitive results obtained thereafter, with all resulting consequences including forfeiture of any trophies, points and prizes.
5.) This award is pronounced without costs, except for the Court Office fee of CHF 500 (five hundred Swiss Francs) already paid by the Appellant and to be retained by the CAS.
6.) Each party shall bear its own costs.
7.) All other requests, motions or prayers for relief are dismissed.
