CAS 2016/A/4658 Fédération Internationale de Volleyball (FIVB) v. Confederação Brasileira de Voleibol (CBV) & Maria Elisa Mendes Ticon Antonelli, consent award
Beach volleyball
Doping (hydrochlorothiazide (HCT))
Consent award
Upon request by the parties, the arbitration tribunal ratifies and incorporates the terms of the settlement agreement into a consent award. It is the task of the arbitration tribunal to verify the bona fide nature of the settlement agreement, to ensure that the will of the parties has not been manipulated by them to commit fraud and to confirm that the terms of the settlement agreement are not contrary to public policy principles or mandatory rules of the law applicable to the dispute.
On 24 May 2016 the Brazilian High Sports Court for Football (STJD) decided to impose a suspension of 45 days on the Athlete Maria Elisa Mendes Ticon Antonelli after her A and B samples tested positive for the prohibited substance Hydrochlorothiazide as result of contamination in a pharmacy of the Athlete’s prescribed supplement .
Hereafter in August 2016 International Volleyball Federation (FIVB) appealed the STJD decision with the Court of Arbitration for Sport (CAS).
After deliberations between the Parties a settlement was reached and the Parties signed copies of the settlement agreement. The Parties submitted signed copies to CAS and requested the Panel to ratify the Settlement Agreement into a Consent Award.
The Parties agree on the following on 5 December 2016:
1.) Ms Antonelli has committed an anti-doping rule violation within the meaning of Art. 2.1 of the FIVB Medical and Anti-Doping Regulations (“FIVB MADR”), which have been drafted in accordance with the WADC.
2.) In her Answer before the CAS, Ms Antonelli has submitted sufficient evidence for the FIVB to be satisfied that the adverse analytical finding was caused by contamination, which took place in the compounding pharmacy that produced the supplement taken by Ms Antonelli as prescribed by her doctor.
3.) Taking into account Ms Antonelli’s degree of fault, a ninety (90) day period of ineligibility is imposed on her pursuant to Article 10.5.1.2 of the FIVB MADR.
4.) Ms Antonelli shall be credited with a served voluntary provisional suspension starting on 14 April 2016 until 27 April 2016, and a served mandatory suspension ordered by the Superior Tribunal de Justiça Desportiva do Voleibol from 27 April 2016 until 24 May 2016, i.e. a total of forty (40) days.
5.) Ms Antonelli shall serve the remaining fifty (50) day period of eligibility from the date of this Settlement Agreement, 5 December 2016 until 24 January 2017.
6.) The FIVB shall be entitled to communicate the present settlement to the WADA and CAS as well as to the interested National Federation(s) and Confederation(s), and to publish the anti-doping rule violation and the resulting sanction in accordance with the FIVB MADR.
7.) The CAS shall issue a consent award based on this Settlement Agreement. The costs of the arbitration, if any, will be born equally by the parties. Each party shall bear its own legal fees and expenses.
After reviewing the terms of the Settlement Agreement, the Panel finds no grounds to object or to disapprove the terms of the Settlement Agreement and is satisfied that the Settlement Agreement constitutes a bona fide settlement of the present dispute. It therefore, in accordance with the Parties’ request, ratifies the Settlement Agreement and incorporates it into a Consent Award.
The Court of Arbitration for Sport decides on 8 February that:
1.) The Settlement Agreement between the Fédération Internationale de Volleyball, the Confederação Brasileira de Voleibol and Ms Maria Elisa Mendes Ticon Antonelli dated 5 December 2016 is hereby acknowledged and its terms are incorporated into this arbitral Award.
2.) The arbitration procedure with reference CAS 2016/A/4658 is hereby terminated.
(…)
5.) All other or further claims are dismissed.
