CAS 2016_A_4378 Adrian Ivan Zbirnea vs IWF

CAS 2016/A/4378 Adrian Ivan Zbirnea v. International Weightlifting Federation (IWF)

Weightlifting
Doping (19-norandrosterone)
Inadmissibility of an appeal filed untimely

Article 7.3.2 of the IWF Anti-Doping Policy, which provides that an athlete is deemed to be validly notified of an adverse analytical finding when notification is made to the athlete’s member federation cannot be accepted by a CAS panel. Indeed, an athlete may lose his procedural rights and be precluded from appealing a decision which suspended his sporting career for a substantial period of time. However, notification to an athlete’s attorney of record is deemed to be a notification to the athlete himself. Furthermore, it is a standard procedure at CAS that notifications are made to an attorney of record under articles R30 and R31 of the CAS Code. This is also in line with article 137 of the Swiss Civil Procedure Code. This procedural rules are fair and reasonable and not against “public policy” and these clearly provide “effective knowledge” to the athlete. In this respect, an appeal filed with CAS more than 21 days after the athlete is deemed to have been notified and received the appealed decision, i.e. more than 21 days after the notification of his counsel, is late and therefore inadmissible.


On 28 May 2015 the International Weightlifting Federation (IWF) has reported an anti-doping rule violation against the Moldavian weightlifter Adrian Ivan Zbirnea after his sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone). On 22 November 2015 the IWF Hearing Panel decided to impose a 4 year period of ineligibility on the Athlete.

This IWF decision was sent by e-mail on 24 November 2015 to the Weightlifting Federation of the Republic of Moldova (WFRM) and to the Athlete’s attorneys. On 16 December 2015 the WFRM communicated to the IWF that the Athlete wanted to appeal the IWF decision with the Court of Arbitration for Sport (CAS). However the IWF responded on 17 December 2015 that the time limit to file an appeal with CAS was already lapsed as the Athlete had 21 days from the date of receipt of the IWF-decision to do this.

Hereafter on 26 December 2015 the Athlete filed his appeal with CAS against the IWF decision of 22 November 2015. In response to the appeal the IWF requested CAS to terminate the procedure due to the fact that the Athlete’s appeal was filed outside the 21 days period provided for filing of an appeal.

The CAS Panel establish that the Athlete’s attorneys received the IWF-decision on 24 November 2015 and deems that the Athlete was proper notified of the IWF-decision on the same date while the deadline to file an appeal was 15 December 2015. The appeal filed with CAS on 26 December 2015 is too late and therefore inadmissible.

Therefore the Court of Arbitration for Sport decides on 26 September 2016:

1.) The appeal filed on 26 December 2015 by Mr Adrian Ivan Zbirnea against the decision of the IWF Hearing Panel of 22 November 2015 is inadmissible.
2.) (…).
3.) (…).
4.) All other or further motions or prayers for relief are dismissed.

Original document

Parameters

Legal Source
CAS Appeal Awards
Date
26 September 2016
Arbitrator
Bernasconi, Michele A.R.
Lalo, Ken E.
Tognon, Jacopo
Original Source
Court of Arbitration for Sport (CAS)
Country
Moldova, Republic of
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admissibility / inadmissibility
Substantial delay / lapsed time limit
Sport/IFs
Weightlifting (IWF) - International Weightlifting Federation
Other organisations
Weightlifting Federation of the Republic of Moldova (WFRM)
Laboratories
Cologne, Germany: Institute of Biochemistry - German Sport University Cologne
Doping classes
S1. Anabolic Agents
Substances
19-norandrosterone
Nandrolone (19-nortestosterone)
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Pdf file
Date generated
6 September 2018
Date of last modification
15 November 2018
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