CAS 2007_A_1356 Tomaž Nose vs Slovenian Cycling Federation

CAS 2007/A/1356 Tomaž Nose v/ Slovenian Cycling Federation (Kolesarska Zveza Slovenije)

In October 2006 the International Cycling Union (UCI) has reported an anti-doping rule violation against the Slovenian cyclist Tomaž Nose after his sample tested positive for his elevated T/E ratio (testosterone / epitestosterone) above the WADA threshold. The Athlete did not test positive for Testosterone while he used prescribed Testosterone therapy due to his diagnosed low hormone levels.

In this matter the Athlete had a valid TUE issued by the Slovenian Olympic Committee for the use of the prescribed Testoviron. However the Athlete was unaware that he should have obtained a TUE from the UCI for international cycling events. 

Consequently on 10 August 2007 the Anti-Doping Commission (ADC) of the Slovenian Cycling Federation (KZS) decided to impose a 20 month period of ineligibility on the Athlete starting back dated on 6 November 2006. 

Hereafter in August 2007 the Athlete appealed the KZS decision with the Court of Arbitration for Sport (CAS). 

The Athlete admitted the use of Testosterone therapy and denied that the violation was intentional since he had a valid TUE and there was not positive test. He argued that he was unaware that his TUE was not valid for international races.

He had relied on experts to obtain a valid TUE and all assurances had been given by those experts as to the validity of the TUE. Also the response of WADA gave him sufficient reasons to believe that his current TUE was valid for international competitions. 

Furthermore the Athlete asserted that the ADC Decision of 10 August 2007 was based on erroneous and incomplete determination of the circumstances, erroneous application of material law and material breaches of procedure that impacted on the correctness and legality of the Decision. 

The Panel agrees that in First Instance certain material breaches of procedure occurred which impacted on the correctness an quality of the ruling. For that reason the Panel decided to deal with the merits of the case to decide de novo. It therefore does not have to deal with the procedural irregularities which occurred according to the Athlete. 

The Panel holds that the TUE issued by the Slovenian Olympic Committee was not valid for international events. As a result the Panel finds that under the UCI Rules the Athlete committed an anti-doping rule violation by using a Prohibited Substance with a valid TUE.

However the Panel finds that the circumstances in this case have been very exceptional and must be seen as a chain of unfortunate circumstances which may not easily be found in another case.

The Panel established that the Athlete was aware of his duty to obtain a TUE for the use of his medication, he consulted the best qualified expert on anti-doping matters in Slovenia and fully relied on his advice. Unfortunately the Slovenian expert was unfamiliar with the international TUE-procedure and the contacted WADA expert did not notify the Slovenian expert about his erroneous TUE application but rather provided confusing information. 

On that account the Panel deems that the Athlete cannot be blamed for relying on the offical’s advice regarding his TUE application. It concludes that the Athlete’s violaton was not intentional and that he bears No Significant Fault or Negligence. 

Therefore the Court of Arbitration for Sport decides on 11 March 2008: 

  1. The Appeal filed by Tomaž Nose is partially admitted.
  2. The decision issued by the Anti-doping Commission of the Slovenian Cycling Federation is amended as follows: The period of Ineligibility is set to 12 months and the commencement date of the period of Ineligibility is fixed on 11 September 2006 instead of 6 November 2006. The period of ineligibility thus ended on 10 September 2007.
  3. Tomaž Nose is disqualified from the Tour of Slovenia race, which took place between 8 and11 June 2006, and his results obtained at this Tour are annulled.
  4. All other motions or prayers for relief are dismissed.
  5. This award is pronounced without costs, except for the court office fee of CHF 500 (five hundred Swiss francs) paid by Tomaž Nose, which is retained by CAS.
  6. Slovenian Cycling Federation shall pay to Tomaž Nose the amount of CBF 5,000 (five thousand Swiss Francs) as a contribution towards the expenses incurred by Tomaž Nose inconnection with these arbitration proceedings.

Original document

Parameters

Legal Source
CAS Appeal Awards
Date
11 March 2008
Arbitrator
Jörneklint, Conny
Netzle, Stephan
Reiner, Andreas
Original Source
Court of Arbitration for Sport (CAS)
Country
Slovenia
Language
English
ADRV
Adverse Analytical Finding / presence
Use / attempted use
Legal Terms
Admission
Case law / jurisprudence
De novo hearing
Mitigating circumstances
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Procedural error
Rules & regulations International Sports Federations
Sport/IFs
Cycling (UCI) - International Cycling Union
Other organisations
Kolesarska Zveza Slovenije (KZS) - Slovenian Cycling Federation
Laboratories
Lausanne, Switzerland: Laboratoire Suisse d’Analyse du Dopage
Seibersdorf, Austria: Seibersdorf Labor GmbH Doping Control Laboratory
Analytical aspects
Mass spectrometry analysis
Doping classes
S1. Anabolic Agents
Substances
T/E ratio (testosterone / epitestosterone)
Testosterone
Medical terms
Legitimate Medical Treatment
Therapeutic Use Exemption (TUE)
Various
Athlete support personnel
Sports licence
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Pdf file
Date generated
25 January 2021
Date of last modification
8 February 2021
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