CAS 2022/A/9141 Mariano Tammaro v. International Tennis Federation (ITF)
Related case:
ITF 2022 ITF vs Mariano Tammaro
August 25, 2022
In November 2021 the International Tennis Federation (ITF) reported an anti-doping rule violation against the Italian tennis player Mariano Tammaro after his A and B samples tested positive for the prohibited substance Clostebol. Consequently the ITF Independent Tribunal decided on 25 August 2022 to impose a 2 year period of ineligibility on the Athlete.
In first instance the Panel accepted that the Athlete had demonstrated the source of the prohibited substance and that the violation was not intentional. Considering the circumstances in this case the Panel deemed that there were no grounds for No Significant Fault or Negligence.
Hereafter in September 2022 both the Athlete and the ITF appealed the ITF decision with the Court of Arbitration for Sport (CAS). Following assessment of the case the CAS Panel rendered an operational award.
Therefore the Court of Arbitration for Sport decides on 2 March 2023 that:
1.) The appeal filed by Mr. Mariano Tammaro on 12 September 2022 against the decision rendered on 25 August 2022 by the Independent Tribunal of the International Tennis Federation (ITF) is partially upheld.
2.) The decision rendered on 25 August 2022 by the Independent Tribunal of the International Tennis Federation ITF) is partially set aside. The 3rd bullet point of paragraph 109 of the decision of the Independent Tribunal of the International Tennis Federation (ITF) is set aside and replaced with the following:
Mr. Mariano Tammaro is declared Ineligible and barred from participating in any Competition, Event or other activity or funding in accordance with the Tennis Anti-Doping Programme for a period of fifteen (15) months commencing on 30 November 2021.
3.) This arbitral Award is pronounced without costs, except for the Court Office fee of CHF 1,000 (one thousand Swiss francs) paid by Mr. Mariano Tammaro, which is retained by the CAS.
4.) Each Party shall bear their own legal fees incurred in connection with this arbitration.
5.) All other and further motions or prayers for relief are dismissed.
