D. Luis Feo Bernabé (player) provided an urine sample pursuant to the Anti-Doping Rules during the “ATP Challenger Tournament” (an ATP sanctioned tournament) in Seville, Spain on 2 October 2004. The player waived his right to have the B sample analyzed, by this he accepted the analytical results.
Because of light muscular pain the player used a homeopathic substance without banned substances. For treatment he was injected with celestone cronodose a dermatological anti-inflammatory in 2004 and also received laparoscopic surgery. The player has a medical condition that required treatment and corrective surgery. The prohibited substance was part of the injected substance. In 2005 dermatological preparations are not prohibited (in 2004 it was prohibited). The tribunal regards a minimal two-month period of Ineligibility as being appropriate in the absence of the application of the principle of lex mitior, the rules in this case were for skin treatment not for muscle treatment. The quantum of the period is based upon the circumstances of this case and for this particular Player.
Decision
1. The Player admitted a First Doping Offense thereby establishing the Doping Offense defined in Rule C 1.The Doping Offense involved the use of a Specified Substance a Glucocorticosteroid referred to in “The 2004 Prohibited List”.
2. Disqualifies the results obtained at the “ATP Challenger Tournament” in Seville, Spain on October 2, 2004. Any medals, titles, computer ranking points and prize money (without reduction for tax) obtained at the Competition are forfeited. The commencement of the foregoing Consequences is to be effective in accordance with Rule M. 8.
3. The period of Ineligibility otherwise applicable is determined to be two (2) months. In accordance with Rule M. 8. c. this suspension shall commence on the date April 7, 2005.
