AFLD 2008 FFHG vs Respondent M51

23 Jul 2008

Facts
The French Ice Hockey Federation (Fédération Française de Hockey sur Glace, FFHG) charges respondent M51 for a violation of the Anti-Doping Rules. During a match on December 8, 2007, a sample was taken for doping test purposes. The analysis of the sample showed the presence of a metabolite of budesonide. Budesonide is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.

History
The respondent had used medication with budesonide to treat asthma. An error was made with the request for a therapeutic use exemption before the start of the season. However the amount mentioned for medical use is in accordance with the detected amount. The panel considers this case as a justified medical usage of the prohibited substance.

Decision
1. The respondent is acquitted.
2. The decision will start on the date of notification.
3. The decision will be published and sent to the parties involved.

AFLD 2008 FFMDA vs Respondent M50

23 Jul 2008

Facts
The French Federation of Muaythai and Associated Disciplines (Fédération Française de Maythaï et Disciplines Associées, FFMDA) charges respondent M50 for a violation of the Anti-Doping Rules. During a match on December 9, 2007, a sample was taken for doping test purposes. The analysis of the sample showed the presence of a metabolite of cannabis. Cannabis is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.

History
The respondent had used cannabis three day before the match, it was used in a recreational setting, there was no intention to enhance sport performance.

Decision
1. The sanction is a period of ineligibility of three months in which participant can't take part in competition or manifestations organized or authorized by the FFMDA.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

AFLD 2008 FFC vs Respondent M49

23 Jul 2008

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M49 for a violation of the Anti-Doping Rules. During a cycling event on January 27, 2008, a sample was taken for doping test purposes. The analysis of the sample showed prednisone, prednisolone and a high testosterone on epitestosterone level. A complementary spectrometric analysis of the sample revealed an exogenous origin of testosterone. Exogenous testosterone is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The respondent explained that he had used dietary supplements containing anabolic agents and medication containing glucocorticosteroids for ergogenic effects. He didn't provide any documents during the proceedings and didn't appear at the hearing.

Decision
1. The sanction is period of ineligibility of four years in which the respondent can't take part in competition or manifestations organized or authorized by French sport federations. This was the same sanction as pronounced by the disciplinary committee of the FFC on May 20, 2008.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

AFLD 2008 FFHG vs Respondent M48

23 Jul 2008

Facts
The French Ice Hockey Federation (Fédération Française de Hockey sur Glace, FFHG) charges respondent M48 for a violation of the Anti-Doping Rules. During a match on November 24, 2007, a sample was taken for doping test purposes. The analysis of the sample showed the presence of a metabolite of cannabis. Cannabis is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.

History
The respondent had used cannabis together with a friend the eve before the match. He had no intention to enhance his sport performance. The amount measured was low.

Decision
1. The decision (a period of ineligibility of four months) dated March 27, 2008, by the disciplinary committee of the FFHG doesn't need to be modified.
2. The decision will start on the date of notification.
3. The decision will be published and sent to the parties involved.

AFLD 2008 FFFC vs Respondent M47

23 Jul 2008

Facts
The French Federation of Full Contact Sports (Fédération Française de Full Contact, FFFC) charges respondent M47 for a violation of the Anti-Doping Rules. During a match on December 8, 2007, the respondent didn't attend the doping control.

History
The respondent didn't want to attend the doping control because she wanted to be treated for a hematoma. Her state of health didn't seem to hinder a doping control but despite the efforts of the sampler she didn't comply.

Decision
1. The sanction is a period of ineligibility of two years in which the respondent can't take part in competition or manifestations organized or authorized by the FFFC.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

AFLD 2008 FFHG vs Respondent M46

23 Jul 2008

Facts
The French Ice Hockey Federation (Fédération Française de Hockey sur Glace, FFHG) charges respondent M46 for a violation of the Anti-Doping Rules. During a match on November 24, 2007, a sample was taken for doping test purposes. The analysis of the sample showed the presence of a metabolite of cannabis. Cannabis is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.

History
The respondent didn't sign the doping control form. He at first denies the use of cannabis and blames it on unsealed water bottles he used. But later he admits the use of cannabis in a recreational setting two days before the match. There was no intention to enhance sport performance.

Decision
1. The sanction is a period of ineligibility of six months in which the respondent can't take part in competition or manifestations organized or authorized by the FFHG.
2. The decision will start on the date notification.
3. The decision will be published and sent to the parties involved.

AFLD 2008 FFL vs Respondent M45

23 Jul 2008

Facts
The French Wrestling Federation (Fédération Française de Lutte, FFL) charges respondent M45 for a violation of the Anti-Doping Rules. During a match on December 8, 2007, a sample was taken for doping test purposes. The analysis of te sample showed the presence of prednisolone which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list. It is regarded as a specified substance.

History
The respondent had used medication containing the prohibited substance. It was used as a anti-inflammatory drug to treat pain in the neck and right arm. The medication was mentioned on the doping control form and the application for a therapeutic use exemption (TUE) was sent in late because the respondent was unfamiliar with the procedure.
The disciplinary committee of the FFL had sanctioned a period of ineligibility of three months but the appeal committee of the FFL changed it in a warning.
The panel has viewed his medical record including reports of medical examinations. The administration of the drug is consistent with the treatment of the injury.

Decision
1. The decision (a warning), dated April 27, 2009, from the appeal committee of the FFL doesn't need to be modified.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

IRB 2008 IRB vs Vakhtang Mdzinarishvili

22 Jul 2008

Facts
The International Rugby Board (IRB) alleges Vakhtang Mdzinarishvili (the player) for a violation of the Anti-Doping Rules. On 27 April, 2008, at the IRB Junior World Trophy Tournament held in Santiago, Chile, he was selected for an in-competition doping test for which he provided an urine sample. His sample tested positive on a very high level of metabolites of cannabis. Cannabis is a prohibited substance on the World Anti-Doping Agency (WADA) prohibited list 2008 and regarded as a specified substance.

History
The player was very upset because his team lost its match on 24 April 2008. He decided late in the evening to leave the team hotel on his own and make his way to a bar (unnamed) in Santiago where he accepted from an unidentified local person with whom he had become acquainted, a large cannabis cigarette which, without thinking of the consequences, he smoked in full. He stated he had not previously smoked cannabis. He stated that he also accepted the cigarette because he had sustained a painful injury during the match. Following his consumption of the cannabis, he felt sick. Because of the effects of the cannabis, on reflection, the player thought the cannabis must have been potent. He didn't use the cannabis to enhance his sport performances.

Decision
It is considered that a starting point of six months suspension reduced to four months would have been appropriate based, inter alia, on the basis of previous decisions involving cannabis use and the fact that the player's consumption irrespective of the level reported in his sample was not performance enhancing. Further the lack of supporting evidence confirming that the player had suffered a painful injury during the match was not a relevant consideration.
Accordingly, the period of suspension should commence from 27 May 2008 (being the date of the provisional suspension) until 31
December 2008. In broad terms, this period takes into account the break in the rugby season in Georgia during the period July to September.

Costs
Submissions should be provided in time.

ANADO Legal Note #4

21 Jul 2008

LEGAL LESSONS FROM THE LANDIS DECISION
On June 30, 2008, the Court of Arbitration for Sport dismissed Floyd Landis’ appeal. He had challenged the 2007 decision of the North American AAA-CAS Panel which determined him to have committed an anti-doping rule violation. Thus likely ends the saga of the 2006 Tour de France and what seems to have been the most expensive anti-doping litigation in history.
The recent CAS decision contains a number of decisions, rulings, findings and observations important to the anti-doping community apart from the outcome itself. This summary of some “legal” aspects of the decision may be useful in addressing similar issues in other cases that have nothing to do with cycling, with exogenous testosterone, with laboratory procedures or accreditation, with IRMS analysis or with alleged violations of WADA International Standards:

CAS 2007_O_1375 Serhiy Honchar vs NSSG

21 Jul 2008

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%.

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