CAS 2007/A/1434 IOC v/ FIS & Jürgen Pinter
CAS 2007/A/1435 WADA v/ FIS & Jürgen Pinter
The circumstances stated below are a summary of the main relevant facts regarding the Austrian cross-country skiing team and the Athlete Jürgen Pinter:
1.) the so-called “blood bag affair” in Salt Lake City. On 26 February 2002, shortly after the end of the 2002 Olympic Winter Games held in Salt Lake City, USA, a cleaning team discovered several bags containing blood transfusion equipment in the chalet that had been rented out to the Austrian cross-country skiing team and accompanying staff. It was later established that in-between 30 January and 25 February 2002, Mr Walter Mayer, the Austrian cross-country ski head coach, performed medical acts for which he had no medical training, certification and authorisation, He notably extracted blood from two athletes, irradiated it with ultraviolet light and re-injected it into the athletes body.
2.) The Italian police raid during the Torino Olympic Games, On the night of 18 February 2006, the Italian police acting on a search warrant raided the Austrian team's housing at the Torino Olympic Games.
3.) The “Meliou report”: On 19 February and 7 March 2006, the Torino Prosecutor's Office appointed a team of experts to evaluate the nature of the material seized by the Italian police during its raid of 18 February 2006.
4.) The decision of the IOC executive board.
5.) The report of the Australian Ski Federation disciplinary board.
6.) The decision rendered bij de FIS doping panel. Based upon articles 7.2 and 8.1.2 of the FIS Anti-Doping Rules 2005/2006, Messrs Eder, Tauber, Diethart and Pinter's case had to be brought before the FIS Doping Panel, which had to adjudicate whether a violation of the applicable FIS ADR occurred.
In this case the parties concentrated their submissions on two main issues namely:
1.) whether there had been constructive possession of a Prohibited Method by Mr Jürgen Pinter (article 2.6 FIS ADR); and
2.) whether he had assisted, encouraged or had engaged in
another form of complicity in an Anti-Doping Rule violation by another athlete or other athletes (Article 2.8 FIS ADR).
Following assessment of the filed evidence the Panel finds that constructive possession of a Prohibited Method has been established to the required Standard of proof.
As a result the Panel concludes that Mr. Pinter was in possession of a Prohibited Method. The Panel further establises that there had been sufficient collaboration to constitute complicity by Mr. Pinter.
Therefore the Court of Arbitration for Sport decides on 20 November 2018:
1.) The appeals of the IOC and of the WADA against the decision rendered on 22 November 2007 by the FIS Doping Panel are upheld.
2.) The decision rendered on 22 November 2007 by the FIS Doping Panel is set aside.
3. Mr Jürgen Pinter is found guilty of anti-doping rule violations (article 2.6 and article 2.8 FIS ADR) and is declared ineligible for a period of four years running from 1 March 2006.
4.) Mr Jürgen Pinter's results obtained during the above-mentioned period of ineligibility, his eventual medals, his points and prizes are forfeited.
5.) This award is pronounced without costs, except for the Court Office fee of CHF 500 (five hundred Swiss Francs) already paid and to be retained by the CAS.
6.) Each party shall bear its own legal and other costs.
7.) All other motions or prayers for relief are dismissed.
