CAS 2002/A/409 Longo / International Association of Athletic Federations (IAAF)
- Athletics
- Doping
- Application for early reinstatement
- CAS jurisdiction
1. The nature of the appealed decision should determine whether an appeal is possible within the meaning of art. 47 of the Code. The test should be whether the nature of the decision is disciplinary, irrespective of whether a judicial or an administrative authority has made the decision against which an appeal is directed.
2. A decision of the IAAF Council admitting an application for early reinstatement in case of exceptional circumstances (IAAF Rule 60.9) relates to the execution of a sanction, not to the sanction itself. Consequently, according to art. R47 of the Code, the CAS has no jurisdiction to review a decision of this nature.
3. A right of appeal against decision of the IAAF Council could be drawn from other IAAF rules than Rule 60.9, in particular Rules 21.2 & 21.3. However applications for reinstatement based on exceptional circumstances are not proceedings between two parties in the sense of IAAF Rule 21.2 and do not fall under the category of disputes listed in IAAF Rule 21.2. Therefore decision on reinstatement applications on the grounds of exceptional circumstances pursuant to IAAF Rule 60.9 cannot be appealed against by invoking the CAS.
On 29 November 2001 the Italian Federazione Italiana di Atletica Leggera (FIDAL) decided to impose a 2 year period of ineglibility on the Athlete Mr. Andrea Longo after his A and B samples tested positive for the prohibited substance Nandrolone. The FIDAL decision was upheld by the FIDAL Appeal Committee on 23 January 2002.
The Athlete did not appeal against the decision of the FIDAL’s appeal tribunal of 23 January 2002 to the CAS nor to the IAAF’s Arbitration Panel. On 13 April 2002, The Athlete, with the assistance of FIDAL, applied to the IAAF Council under IAAF Rule 60.9 for early reinstatement on the grounds of exceptional circumstances.
By letter dated 22 July 2002, The Athlete Mr. Andrea Longo was informed by FIDAL that the IAAF had rejected his application for early reinstatement.
Hereafter on 20 August 2002 the Athlete filed an appeal with the Court of Arbitration for Sport (CAS) against the decision of the IAAF Council of 3 and 4 July 2002 rejecting Mr. Andrea Longo’s application for early reinstatement.
The CAS Sole Arbitrator concludes that decisions of the IAAF Council on reinstatement applications on the grounds of exceptional circumstances pursuant to IAAF Rule 60.9 cannot be appealed against by invoking the CAS.
Therefore on 28 March 2003 The Court of Arbitration for Sport decides:
1.) The jurisdiction of the Court of Arbitration for Sport is denied.
2.) The appeal filed by Mr. Andrea Longo on 20 August 2002 is not entertained.
3.) (…).
