CAS 2006/A/1175 Edita Daniute v/ International DanceSport Federation
CAS 2006/A/1175 D. v/ International DanceSport Federation
Related case:
IDSF 2006 IDSF vs Edita Daniute
November 17, 2006
- Dance Sport
- Doping
- Specified substance (Sibutramine)
- Power of an association to secure the observance of its rules by its associates
- Lack of intention of the athlete to enhance his/her sport performances
- Sanction
1. Swiss law allows an association to sanction the associates for their breach of the association rules, so as to secure the observance of those rules. Disciplinary commissions are actually intended to serve this purpose. In this framework, any reproach for the way specific disciplinary proceedings are organized should not be limited to an overall criticism about an alleged lack of independence or of a conflict of interest between the association and the associates, or the functional or organizational position of the disciplinary committee, but should concern identified violations of the internal rules of the association, or mandatory rules of the applicable law, governing the composition and the activity of the chamber in charge of hearing the given case.
2. As Sibutramine is mentioned by the IADC among the Specified Substances, no further evaluation is requested in order to establish whether Sibutramine is particularly susceptible to unintentional doping. Where sufficient elements have been adduced by the athlete, which are based on the characteristics of the sport concerned, as well as on scientific indications that have not been specifically contradicted, to confirm that Sibutramine could not enhance his/her sport performance, and therefore justify the conclusion of the lack of her intention to achieve that effect. Besides, the general purpose to achieve a “slimming” benefit, by use of a product not mentioning on the label the presence of a Specified Substance, cannot be equated to the specific intention to enhance the sport performance within the meaning of Article 5(V)(2) of the IADC.
3. The fact that a major sporting event is to take place within the period of ineligibility of an athlete found responsible of an anti-doping rule violation does not affect the measure of the sanction.
In September 2006 the International DanceSport Federation (IDSF) reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substance Sibutramine.
The Athlete denied the intentional use of the substance and explained that she had used a herbal slimming product whereas the prohibited substance wasn't mentioned on the label.
Consequently on 17 November 2006 the IDSF Disciplinary Council decided to impose a 3 month period of ineligibility on the Athlete. Hereafter in November 2006 the Athlete appealed the decision with the Court of Arbitration of Sport (CAS).
Following assessment of the case the Panel finds that the imposed sanction was proportional. The Panel deems that the Appeal must be modified regarding the calculation of the period covered by the ineligibility, whose duration is confirmed. As a result the interim measure adopted by the Deputy President of the CAS Arbitration Division in its decision delivered on 23 November 2006 is revoked.
Therefore on 26 June 2007 the Court of Arbitration for Sport decides:
1.) The appeal filed by Edita Daniute against the decision issued on 17 November 2006 by the Disciplinary Council of the International DanceSport Federation is partially upheld.
2.) The Athlete is declared ineligible for competition for 3 (three) months, from 14 September 2006 to 14 December 2006.
3. The counterclaim filed by the International DanceSport Federation is dismissed. (…)
