In July 2022 the International Equestrian Federation (FEI) has reported and anti-doping rule violation against the Swiss Athlete Felix Vogg after his sample tested positive for a specified stimulant. Following notification the Athlete filed a statement in his defence and he was heard for the FEI Tribunal.
The Athlete admitted the violation and denied the intentional use of the substance. He explained with medical documents that he suffered from a condition and used prescribed medication containing the specified stimulant.
The Athlete asserted that he was tested before without issues while he had a valid TUE for the use of this medication. However at the material time he was unaware that his TUE had expired.
Thereupon in August 2022 the Athlete made an application for a prospective and retroactive TUE. In September 2022 his application for a prospective TUE was granted, yet his application for a retroactive TUE was denied.
The Sole Arbitrator finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
In view of the evidence the Arbitrator deems that the Athlete had demonstrated the source of the prohibited substance and that he acted with No Significant Fault or Negligence. Furthermore the Arbitrator consideres that he had mentioned his medication on the Doping Control Form and since September 2022 had valid prospective TUE.
Therefore on 20 December 2022 the FEI Tribunal decides to impose a 2 month period of ineligibility on the Athlete starting on the date of the decision. Also the Athlete is fined, he must pay his part of the costs of the proceedings and his results are disqualified from the date of the sample collection, i.e. 1 July 2022 until 11 September 2022.
