30 Aug 2010
CAS 2008/A/1458 UCI v. Vinokourov & KCF
Related case:
CAS 2008_A_1458 UCI vs Alexandere Vinokourov & KCF - Partial Award
July 23, 2009
- Cycling
- Doping (use of a prohibited method)
- Interpretation of the wording of a Commitment signed by the rider
- Payment of a contribution as a condition for the Rider’s reinstatement
1. An athlete who used a prohibited method in the form of an homologous blood transfusion has committed an anti-doping violation (blood doping).
2. The “Rider’s commitment”, signed by the athlete, does not establish the payment of a contribution as a condition for the athlete’s reinstatement. The payment of the contribution is “in addition” to the sanction and, hence, separate and independent of the regular sanction. Furthermore, the Commitment aims at the payment of a “contribution to the fight against doping” which is supposed to be payable to the Council for the Fight Against Doping. This wording differs considerably from terms such as “fine”, as used in the later UCI Anti Doping Rules which would have clearly indicated the meaning of a sanction or even a contractual penalty.
3. In the absence of a contractual condition for a Rider’s reinstatement, an extension of the sanction making the reinstatement dependant on the prior payment of a fine could be based exclusively on the set of rules which specifically govern anti-doping rule violations and their consequences. As long as the applicable regulations do not mention a payment whatsoever as a sanction or a precondition for the reinstatement of an athlete who had served a period of ineligibility, such extension of the sanction is not applicable.
In July 2007 the International Cycling Union (UCI) has reported an anti-doping rule violation against the Kazakh cyclist Alexander Vinokourov after his A and B blood samples tested positive for blood doping. On 5 December 2007 the Kazakh Cycling Federation (KCF) decided to impose a 1 year period of ineligibility on the Athlete.
Hereafter in December 2008 the UCI appealed the KCF decision with the Court of Arbitration for Sport (CAS). The UCI requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete including payment for costs.
Previously in January 2008 the UCI had suspended this appeal because the Athlete had declared to end his career. However in September 2008 the Athlete announced his return to competition and thereupon UCI requested CAS to reactivate the proceedings against the Athlete.
In its Partial Award the Panel on 23 July 2009 concluded that the Athlete had committed the anti-doping rule violation of blood doping. The Panel decided to set aside the Appealed Decision of 5 December 2007 and to impose a 2 year period of ineligibility on the Athlete, starting on 24 July 2007.
Although the Athlete already had admitted and accepted a 2 year period of ineligibility the UCI and the Athlete remained in a dispute about the validity and enforceability of the Athlete's commitment for contribution. In this matter the Athlete had to pay an amount equal to his annual salary from 2007 as contribution to the fight against doping.
The UCI contended that this commitment is legally valid and that the infringement of the Athlete’s personality rights is justified by his free consent and overriding public interest.
By contrast the Athlete challenged the validity of this commitment mainly because he was not free to sign or reject this commitment which was the precondition for his participation in the Tour de France 2007.
Following assessment the Panel concludes that there is no legal basis for UCI to claim the payment of a contribution under the Athlete's commitment. Accordingly, he is not obliged to make the payment requested by UCI. Against this background, further prayers for relief and further considerations of the parties are dismissed.
Therefor the Court of Arbitration for Sport decides on 30 August 2010:
1.) Paragraphs 1 to 3 of the Partial Award issued on 16 June / 23 July 2009 in the present procedure are ratified.
2.) No payment is due by Mr. Vinokourov under the “Rider's commitment for a new cycling” signed on 29 June 2007; consequently, the relief requested by the UCI in its written statement dated 4 September 2009 is dismissed.
3.) The arbitration costs incurred in the proceedings after the issuance of the Partial Award, which shall be determined and separately communicated to the parties by the CAS Court Office, shall be entirely born by UCI.
4.) Each Party shall bear its own legal expenses incurred in the proceedings until the delivery of the Partial Award.
5.) UCI is ordered to pay to Mr. Vinokourov as contribution to his legal expenses incurred in the proceedings after the issuance of the Partial Award an amount of CHF 10'000.- (ten thousand Swiss francs).
6.) All other and further prayers for relief are dismissed.