TAS 2005/A/965 UCI c/ AMA & Franck Bouyer
CAS 2005/A/965 UCI vs WADA & Franck Bouyer
Related case:
CAS 2004_A_769 Franck Bouyer vs WADA & UCI
March 18, 2005
The French cyclist Franck Bouyer was diagnosed with Narcolepsy and therefore the medication Modafinil was prescribed as treatment. Because Modafinil is a prohibited substance he needed a valid TUE.
In 2004 the UCI and WADA denied the Athlete's TUE applications for the use of Modafinil which was confirmed by CAS in March 2005. Thereupon in June 2005 again the UCI TUE Committee denied the Athlete's second TUE application.
The Athlete appealed with WADA and on 19 August 2005 the WADA TUE Committee approved the Athlete's TUE application. Hereafter the UCI Appealed the WADA Decision with the Court of Arbitration for Sport (CAS).
Following assessment of the case the Panel deems that not has been demonstrated that the use of the prescribed Modafinil would not improve the Athlete's sport performance. The Panel concludes that the WADA TUE Committee erroneously applied the criteria to grant the TUE application.
Therefore the Court of Arbitration for Sport (CAS) decisides on 13 March 2006:
1.) The decision is of the WADA TUE Committee is annuled.
2.) The WADA has to pay a fine of CHF 1000,-. to the UCI.
