CAS 2018/A/5904 Diego Dominguez v. Federation Internationale de I' Automobile
In October 2015 the International Automobile Federation (FIA) has reported an anti-doping rule violation against the Paraguayan rally driver after his sample tested positive for the prohibited substance Amfetamine.
Here the Athlete established that from 2006 had used prescribed medication for his condition and since 2014 he had been prescribed a different medication that contained the Prohibited Substance.
FIA accepted that the violation was not intentional and granted in March 2016 the Athlete's application for a prospective TUE. However the FIA TUE Committee (TUEC) denied repeately the Athlete's applications for a retroactive TUE between October 2015 and July 2018.
Hereafter in September 2018 the Athlete appealed the latest negative FIA TUEC Decision of 3 July 2018 with the Court of Arbitration for Sport (CAS).
During the proceedings the parties reached a settlement and requested the CAS Panel to ratify the Settlement Agreement into a Consent Award.
The parties agree as follows:
- The Decision dated 3 July 2018 is confirmed, and so the Athlete's application for a retroactive TUE is denied.
- The Appellant committed an anti-doping rule violation as a result of the presence of amphetamine (and its metabolite) in the urine sample collected from him on 28 August 2015 at the Event.
- The Athlete did not intend to cheat and therefore his violation was not intentional within the meaning of FIA ADR Article 10.2. 3.
- The Athlete bears No Significant Fault or Negligence for his violation and is entitled to the maximum reduction permitted under FIA ADR Article 10.5.2, so that the period of ineligibility applicable to him shall be one year.
- In accordance with FIA ADR Articles 10.11.1 and 10.11.3, the period of ineligibility will start on the date of sample collection (28 August 2015), will include the period of provisional suspension (from 5 October 2015 to 1 April
2016), and so will expire at midnight on 27 August 2016. No period of ineligibility will be served going forward. - Pursuant to FIA ADR Article 9, the results achieved by the Athlete at the Event are disqualified, with all resulting consequences, including forfeiture of trophies,
medals, points and prizes awarded based on those results. In accordance with FIA ADR Article 10.8, all results obtained subsequent to the Event during the period of ineligibility are also disqualified (with all resulting consequences). - The parties will pay the CAS arbitration costs in equal shares, and each party will bear its own legal and other costs.
After reviewing the terms of the Settlement Agreement and a prima facie review of the evidence on file, the Panel finds no grounds to object or disapprove the terms of the Settlement Agreement and is satisfied that the Settlement Agreement constitutes a bona fide settlement of the dispute brought to its attention. The Panel considers the Settlement Agreement reached by the parties and the outcome of the present proceedings not ureasonable. The Panel also notes that the present award may be published, considering that a sanction has been imposed on the Athlete.
Therefore the Court of Arbitration for Sport decides on 7 August 2019:
1.) The procedure CAS 2018/A/5904 Diego Dominguez v. Federation Internationale de l 'Automobile is terminated and removed from the CAS roll.
2.) The Settlement Agreement entered into by the parties on 28 June 2019 is hereby ratified by the Court of Arbitration for Sport with the consent of the parties and its terms are incorporated into this arbitral award.
3.) Each party is hereby ordered to perform its obligations and duties as per the Settlement Agreement.
4.) The costs of the arbitration, to be determined and served to the parties by the CAS Court Office, shall be borne in equal shares by Mr Diego Dominguez and by the Federation
Internationale de l 'Automobile.
5.) Both parties shall bear their own legal fees and other expenses incurred in connection with the present arbitration proceedings.
