CAS ad hoc Division (OG Turin) 06/004 Deutscher Skiverband & Evi Sachenbacher-Stehle v. International Ski Federation (FIS)
Related cases:
- IBU 2014 IBU vs Evi Sachenbacher-Stehle
July 14, 2014 - IOC 2014 IOC vs Evi Sachenbacher-Stehle
February 21, 2014 - CAS 2014_A_3685 Evi Sachenbacher-Stehle vs IBU
November 14, 2014
- Cross-country skiing
- Haemoglobin (Hb) value exceeding the threshold under the FIS Rules
- Alleged naturally high elevated level of Hb
- Application for a dispensation from the FIS Hb Rule
Since 2003 requests have been made each year to issue a dispensation for a naturally elevated high level of Haemoglobin (Hb) for this Athlete. All requests have been unsuccessful in persuading the FIS that this Athlete has a naturally high elevated level of Hb. FIS does agree that this Athlete does have a modestly elevated level of Hb but it is not sufficient to justify issuing a dispensation pursuant to Rule FIS B.4.8. Far be it for the CAS Panel to substitute its views to those of the experts who have declined to grant the dispensation to this Athlete for a naturally high elevated level of Hb over the past 3 years. The Panel is being asked to make a medical expert’s judgement through the guise of cancelling a Notification of Start Prohibition. It is not for the Panel to perform an evaluation similar to that contemplated by the FIS B.4.8, which would apply for the duration of theOlympic Games.
Ms Evi Sachenbacher-Stehle is a German Athlete selected to compete in the Women's Cross Country Skiing Events at the Turin 2006 Olympic Winter Games.
Following a blood screening/testing on 9 February 2006 that showed a level of haemoglobin above the maximum tolerated values, Ms Sachenbacher-Stehle was obliged by the FIS not to start any competitions for five consecutive days. As a result, the athlete would be forced to miss her first Olympic Games event on 12 February 2006.
Hereafter the German Ski Federation and the German cross-country skier Ms Evi Sachenbacher-Stehle filed an application in order to cancel the “Notification of Start Prohibition” issued by the International Ski Federation (FIS).
The athlete further asked the Panel to declare that the levels of haemoglobin were naturally elevated and had no connection with any haematological disease. The Panel refused to make a medical expert’s judgment and dismissed the application; moreover, it was convinced that the athlete did not have a naturally high level of haemoglobin.
On the basis of the facts and legal aspects, the ad hoc Division of the Court of Arbitration for Sport renders the following decision:
1.) The application filed by Ms Evi Sachenbacher-Stehle and Deutscher Skiverband against the International Ski Federation is denied.
2.) (…).
