CAS 2008/A/1738 WADA v/DEB & Busch
CAS 2008/A/1738 WADA vs DEB & Florian Busch
Related cases:
- CAS 2008/A/1564 WADA vs IIHF & Florian Busch
June 23, 2009 - Swiss Federal Court 4A_358/2009 Florian Busch vs WADA
November 6, 2009
On 7 March 2008 the German National Anti-Doping Agency (NADA) reported to the German Ice Hockey Federation (DEB), an anti-doping rule violation against the ice hockey player Florian Busch after he refused to provide a sample for doping control.
Nevertheless on 15 April 2008 the DEB decided to imposed only a reprimand of the Athlete and fined him EUR 5,000.00 and 56 hours community service. Also the International Ice Hockey Federation (IIHF) adopted this DEB decision and granted the Athlete to play in the Ice Hockey World Championship in Canada in May 2008.
In April 2008 NADA had notified the World Anti-Doping Agency (WADA) about this case. On 6 Mei 2008 WADA requested the IIHF to order a provisional suspension and to sanction the Athlete for 2 years.
However the IIHF Board submitted to WADA on 7 May 2008 that it could not open proceedings against the Athlete because it determinded that at national level the period had not lapsed to file an appeal against the DEB decision.
Accordingly on 9 May 2008 at national level WADA appealed the DEB decision of 15 April 2008 with the Ad-hoc Arbitral Tribunal of the German Olympic Sports Confederation (DOSB). On 3 December 2008 WADA's appeal was dismissed by the DOSB Tribunal due to lack of jurisdiction since the DEB had not implemented the German NADA Code in this matter.
Hereafter in December 2008 WADA appealed the Decision of 3 December 2008 of the DOSB Tribunal with the Court of Arbitration for Sport (CAS). Yet, the CAS Panel decided on 23 June 2009 that it could not settle this case on the grounds of lack of jurisdiction. The Panel established that the Decision of the DOSB Ad-hoc Arbitral Tribunal was not appealable due to it was declared final and binding.
Previously in May 2008 WADA had filed an appeal with CAS (case CAS 2008/A/1564) against the IIHF. In this separate proceeding WADA requested the Panel to impose a 2 year sanction on the Athlete. Following assessment the CAS Panel declared itself to be competent and took the e-mail sent by the IIHV on 7 May 2008 as an appealable decision.
Ultimately on 23 June 2009 the Panel decided to annul the IIHF decision and to impose a 2 year period of ineligibility on the Athlete.
