CAS 2006/A/1133 WADA v/Michel Stauber & Swiss Olympic
In April 2006 Swiss Olympic reported an anti-doping rule violation against the amateur handball player after he tested positive for the prohibited substance Hydrochlorothiazide.
Following the positive test the Athlete was granted a TUE for the prescribed use of the medication Co-Diovan© for the treatment of his High Blood Pressure. Furthermore in July 2006 the Athlete retired from handball.
On 6 July 2006, the Disciplinary Chamber of Swiss Olympic decided to impose only a warning and a reprimand considering the prescribed medication Co-Diovan© was used for a Legitimate Medical Treatment.
Hereafter the World Anti-Doping Agency (WADA) appealed the Swiss Olympic decision with the Court of Arbitration for Sport (CAS). The Panel rendered a decision based on the written submissions on the Parties.
WADA requested the Panel to set aside the Appealed Decision and to impose a minimum 1 year period of ineligibility on the Athlete. The Athlete denied the intentional use of the substance and asserted that he was unaware the prescribed medication Co-Diovan© contained a prohibited substance.
The Athlete's team doctor, a specialist in sport medicine, testified and confirmed his failure to check this medication. As a result he made no application for a TUE nor informed the Athlete about this medication containing a prohibited substance.
In view of the evidence the Panel accepts that the Athlete acted with No Significant Fault or Negligence in view of the prescribed medication he used for his high blood pressure as Legitimate Medical Treatment. Under the Rules the Panel deems there are grounds for a reduced sanction, starting on the date of the Athlete's retirement.
Therefore on 18 December 2012 the Court of Arbitration for Sport decides:
1.) The appeal filed by WADA is admissible;
2.) The decision rendered on 6 July 2006 by the Disciplinary Chamber for doping cases of Swiss Olympic is set aside;
3.) Mr Stauber is suspended for a period of one year, i.e. the minimum period of ineligibility provided for by the Statute. The period of ineligibility shall start retroactively from May 31, 2006;
4.) Each party shall bear all of its own legal and other costs incurred in connection with this arbitration.
