CAS 2017/A/5127 Bulgarian Weightlifting Federation (BWF) v. International Weightlifting Federation (IWF)
Related cases:
- CAS 2015_A_4129 Demir Demirev, Stoyan Enev, Ivaylo Filev, Maya Ivanove, Milka Maneva, Ivan Markov, Dian Minchev, Asen Muradiov, Ferdi Nazif, Nadezha-May Nguen & Vladimir Urumov vs IWF
October 6, 2015 - CAS 2015_A_4319 BWF vs IWF
January 29, 2016 - CAS 2016_A_4511 BWF vs IWF
January 27, 2017
In March 2015 the International Weightlifting Federation (IWF) reported multiple anti-doping rule violations after the samples of 11 Bulgarian weightlifters tested positive for the prohibited substance Stanozolol. On 10 June 2015 the IWF Hearing Panel decided to impose an 18 month period of ineligibility on 4 Athletes for their second anti-doping rule violation and a 9 month period of ineligibility on the other 7 Athletes.
In this case the IWF accepted that the Athletes established that the positive tests were caused by contaminated food supplements, provided by the Bulgarian Weightlifting Federation (BWF), which previously had been used without issues.
In July 2015 The Bulgarian 11 weightlifters appealed the IWF decision with the Court of Arbitration for Sport (CAS). However the Panel decided on 6 October 2015 (CAS 2015/A/4129) to uphold the IWF Hearing Panel decision of 10 June 2015.
As a consequence the IWF decided in November 2015 to impose a $ 500,000 fine on the BWF. When appealed with CAS the Panel decided on 29 January 2016 (CAS 2015/A/4319) to annul the $ 500,000 fine and to uphold the decision not to allow the BWF athletes to participate in the next Olympic Games. However on 1 March 2016 the IWF decided to re-impose the $ 500,000 fine on the BWF.
In March 2016 the BWF filed a new appeal (CAS 2016/A/4511) and on 27 January 2017 the Panel decided to annul the IWF decision and to refer this matter back to the IWF Executive Board. After further evaluation and consideration the IWF decided on 2 April 2017 to reduce the fine and to impose $ 250,000 on the BWF.
Hereafter in May 2017 the BWF again appealed the IWF decision (CAS 2017/A/2517) with CAS. The BWF requested the CAS Panel to set aside the IWF decision of 2 April 2017 and to annul or reduce any of the sanctions imposed by the IWF.
The IWF argued that the imposed sanction on the BWF was proportional, that there was no breach of “natural justice” (the right to be heard) and that the IWF took into account the arguments submitted by the BWF.
The Panel finds that in the de novo proceedings before CAS any breach of “natural justice” (the right to be heard) would be deemed to have cured any such infringements. The Panel concludes that due to the 11 anti-doping rule violations within 1 year the IWF sanction thereafter imposed on the BWF was justified and the $ 250,000 fine in light of the circumstances proportional. As a result the Panel dismiss the BWF appeal.
Therefore the Court of Arbitration for Sport decides on 18 December 2017 that:
1.) The appeal filed by the Bulgarian Weightlifting Federation on 22 March 2016 is dismissed.
2.) The decision of the Executive Board of the International Weightlifting Federation adopted on 2 April 2017, including the fine of USD 250,000, is confirmed.
3.) The award is pronounced without costs, except for the Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by the Bulgarian Weightlifting Federation, which is retained by the CAS.
4.) The Bulgarian Weightlifting Federation shall pay CHF 5,000 (five thousand Swiss Francs) to the International Weightlifting Federation as a contribution towards the legal fees and other expenses it has incuned in connection with these arbitration proceedings.
5.) All other motions or prayers for relief are dismissed.
