Arbitrage Chambre ad hoc du TAS (JO Londres) 12/009 Nour-Eddine Gezzar c. Fédération Française d’Athlétisme (FFA)
CAS OG 12/09 M. Nour-Eddine Gezzar & Féderation Française d'Athlétisme (FFA)
- Athletics (middle distance)
- Request for suspension of the contested decisions and readmission to the Olympic Games
- Competence rationae personae of CAS
- Conditions for suspension of the execution of a sanction rationae personae vis-à-vis these entities
1. National Federations sending their athletes to the Olympic Games are subjected to the provisions of the Olympic Charter, including the arbitration clause therein. The National Olympic Committees (NOCs) and the International Federations (IFs) are also subjected to the Olympic Charter. As a consequence, the CAS Ad Hoc Division is competence rationae personae vis-à-vis these entities.
2. In order to decide whether or not to suspend the execution of a sanction, the following should be taken into consideration:
- (i) Whether the plaintiff is liable to serious and irreparable damage;
- (ii) When the plaintiff establish prima facie reasonable chances of success; and
- (iii) When interest prevails of the plaintiff liable to damage over the party that is liable to maintain the status quo.
These conditions are in principle cumulative, however CAS must have the necessary latitude to assess the overall situation using the above three criteria, while it is not necessary or useful to provide strict conditions which could create more difficulties than the actual legal certainty.
The ad hoc Division of the Court of Arbitration for Sport (CAS) rejected the urgent application filed by the French runner Nour-Eddine Gezzar (3000m steeple) who was challenging the provisional suspension which had been imposed on him by the French Athletics Federation (FFA) further to a positive doping test with EPO at the French Championships on 17 June 2012.
The decision of temporary suspension was issued by the FFA on 12 July 2012 and confirmed on 25 July 2012, then was confirmed again by the IAAF on 27 July 2012, which immediately extended it at the international level. Nour-Eddine Gezzar had been then removed from the French Athletics team for the London Olympics and his accreditation had been removed by the French NOC.
The athlete contended that some errors have been committed during the anti-doping control procedure and requested to be readmitted in the start list of the 3000m steeplechase heats of 3 August 2012.
The CAS Panel concludes that the athlete did not provide sufficient elements to persuade the Panel to lift the provisional suspension pronounced by the FFA and confirmed by the IAAF.
Therefore on 3 August 2012 the CAS Panel decides to reject the application of Nour-Eddine Gezzar,
