Polish Supreme Court I NO 48-19 Athlete vs Polish Olympic Committee

On 28 June 2017 the Disciplinary Panel of the Polish Anti-Doping Agency (POLANDA) decided to impose a 2 year period of ineligibility on the judoka after his A and B samples tested positive for the prohibited substance Clomifene. 

In first instance and in the appeals filed hereafter the Athlete argued with assistance of an expert witness that the findings of the Panels were erroneous, his right of defence violated and that the International Standard of Laboratories (ISL) was incorrectly applied. 

The Athlete asserted that several irregularties had been established during the analysis of his A and B samples and that these departures of the ISL would invalidate these test results. Nevertheless the Poland Appeal Panel decided on 12 March 2018 to uphold the Appealed Decision of 28 June 2017. 

Again the Athlete appealed with the Court of Arbitration for Sport of the Polish Olympic Committee (PKOL). Yet after assessment of the Athlete’s assertions the Tribunal concluded that the Athlete failed to establish that there were any departures of the ISL that would invalidate the test results. Accordingly the PKOL Tribunal decided on 17 December 2018 to dismiss the Athlete’s appeal. 

Hereafter in February 2019 the Athlete filed a cassation appeal with the Supreme Court of of Poland against the Decision of the PKOL Court of Arbitration for Sport. However the Supreme Court deems on 9 October 2019 that the Athlete’s allegations are unfounded and that there are insufficient grounds to accept and handle the cassation appeal.

Original document

Parameters

Legal Source
Superior Court Decisions
Date
9 October 2019
Arbitrator
Wiak, Krzysztof
Country
Poland
Language
Polish
ADRV
Adverse Analytical Finding / presence
Legal Terms
International Standard for Laboratories (ISL)
Period of ineligibility
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
Sport/IFs
Judo (IJF) - International Judo Federation
Other organisations
Polska Agencja Antydopigowa (POLADA) - Polish Anti-Doping Agency
Polskim Komitecie Olimpijskim (PKOL) - Polish Olympic Committee
Sąd Najwyższy - Supreme Court of of Poland
Analytical aspects
Accreditation of the testing laboratory
B sample analysis
Reliability of the testing method / testing result
Doping classes
S4. Hormone And Metabolic Modulators
Substances
Clomifene
Document type
Pdf file
Date generated
28 September 2021
Date of last modification
3 November 2021
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin