CAS 2007/O/1375 S. Honchar v/ Neuer Strassen Sport GmbH
In April 2007 the Ukrainian cyclist Honchar was suspended from the T-Mobile Team by Neuer Strassen Sport (NSSG) because of the anti-doping rule violation he had committed.
In this case the parties are in dispute as to whether or not NSSG was entitled to terminate the Contractor Agreement.
The following issues were assessed:
- The legal issues: what were Mr Honcbar's contractual obligalions and what were NSSG's contractual rights as regards termination;
- The factual issues: whether Mr Honchar was in breach of those obligations and whether NSSG in fact had a right to terminate;
- The consequences: what should be the practical and financial consequences, if any, of the Tribunal's conclusions on the legal and factual issues?
The Tribunal concludes that Mr Honchar was contractually bound not to engage in doping or blood manipulation or to appear to do so, that he was in breach of those obligations and that NSSG was antitled to terminate the Agreement.
In light of these conclusions, the Tribunal rejects the claims made by Mr Honchar. The Tribunal will consider whether all or any of NSSG's claims should succeed.
Therefore the Court of Arbitration for Sport decides on 21 July 2007 that:
1.) The Claimant acted in breach of his obligations under the T-Mobile Team Independent Contractor (Self-Employed) Agreement dated 1 November 2006 between the parties.
2.) The Respondent was entitled to terminate such agreement on 18 June 18, 2007.
3.) The Claimant's claims are rejected.
4.) The Claimant should pay the costs of the Respondent in the sum of CHF 114,912.62 within 28 days of receipt of this Partial Award, or such other date as may be agreed between the parties.
5.) The parties shall share the total arbitration costs up to the date of the present award, to be notified by the CAS in a separate letter in the following proportions: NSSG to pay 20% and Mr Honchar to pay 80%.
