CONI 2008_90 WADA vs FISI & Mirko Deflorian

15 Dec 2008

The Federazione Italiana Sport Invernali (FISI), the Italian Winter Sports Federation, has reported an anti-doping rule violation against the Athlete Marko Deflorian after his A and B samples tested positive for the prohibited substance cocaine.
After notification a provisional suspension was ordered and the Athlete was heard by the Ufficio di Procura Antidoping (UPA), the CONI Anti-Doping Prosecution Office.

The Athlete denied the use of cocaine and stated that the positive test was probably caused by herbal tea consumed in the two days before the doping test. Laboratorium analysis confirmed that the herbal thee contained caffeine and coca leaves.
Considering the circumstances and the evidence in this case, the FISI Disciplinary Commission acquitted the Athlete on 18 September 2008 due to no fault or negligence.

Hereafter WADA appealed the FISI Decision of 18 September 2008 with the CONI Tribunale Nazionale Antidoping. WADA requested to set aside the decision of the FISI Disciplinary Commission and argued there were grounds to impose a period of ineligibility between 8 and 24 months on the Athlete.
The Tribunal concludes that the Athlete had no intention to enhance his sport performance, but also acted negligently. Considering the circumstances and delays in this case, the CONI Tribunale Nazionale Antidoping decides to impose a 18 month period on the Athlete, starting on the date of the sample collection, i.e. on 19 February 2008.

AFLD 2011 FFSCDA vs Respondent M46

26 May 2011

Facts
The French Federation for Contact Sport and Associated Disciplines (Fédération Française de Sports de Contact et Disciplines Associées, FFSCDA) charges respondent M46 for a violation of the Anti-Doping Rules. During a muaythai event on April 3, 2010, a sample was taken for doping test purposes. The analysis 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
Respondent didn't gave any explanation for the positive result of the doping test.

Decision
1. The sanction is a six months period of ineligibility in which respondent can't take part in competition or sport manifestations organized by the FFSCDA or related federations.
2. The decision of September 7, 2010, of the disciplinary committee of the FFSCDA will be modified.
3. The period of ineligibility will be reduced with the period already served by the sanction of September 7, 2010.
4. The results obtained at the event on April 4, 2010, will be cancelled. Medals, points and prizes will be withdrawn.
5. The decision starts on the date of notification.
6. The decision will be published and sent to the parties involved.

AFLD 2011 FFP vs Respondent M44

6 Jan 2011

Facts
The French Parachute Federation (Fédération Française de Parachutisme, FFP) charges respondent M44 for a violation of the Anti-Doping Rules. During a parachuting event on August 20, 2010, a sample was taken for doping test purposes. The analysis of the sample showed the presence of benzoylecgonine, a metabolite of cocaine. Cocaine is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The respondent used the cocaine the weekend before the doping test, during a festivity with friends. There was no intension to enhance his sport perfomance.

Decision
1. The sanction is a period of ineligibility of two years which respondent can't take part in competition or manifestations organized by the FFP.
2. All the results obtained at August 20, 2010, will be cancelled. Medals, points and prizes will be withdrawn.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

AFLD 2011 FFSCDA vs Respondent M43

28 Apr 2011

Facts
The French Federation for Contact Sport and Associated Disciplines (Fédération Française de Sports de Contact et Disciplines Associées, FFSCDA) charges respondent M43 for a violation of the Anti-Doping Rules. During a K1 event on May 8, 2010, a sample was taken for doping test purposes. The analysis 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
Respondent did mention the occasionally use of cannabis 8 days before the match on the Doping Control Form. But he didn't provide an explanation why it had entered his body.

Decision
1. The sanction is a six months period of ineligibility in which respondent can't take part in competition or sport manifestations organized by the FFSCDA.
2. The decision of September 7, 2010, of the disciplinary committee of the FFSCDA will be modified.
3. The period of ineligibility will be reduced with the period already served by the sanction of September 7, 2010.
4. The results obtained at the event on May 8, 2010, will be cancelled. Medals, points and prizes will be withdrawn.
5. The decision starts on the date of notification.
6. The decision will be published and sent to the parties involved.

AFLD 2011 FFSCDA vs Respondent M42

28 Apr 2011

Facts
The French Federation for Contact Sport and Associated Disciplines (Fédération Française de Sports de Contact et Disciplines Associées, FFSCDA) charges respondent M42 for a violation of the Anti-Doping Rules. During a muaythai event on March 14, 2010, a sample was taken for doping test purposes. The analysis showed the presence of terbutaline. Terbutaline is a prohibited substance according the World Anti Doping Agency (WADA) prohibited list.

History
Respondent didn't provide any information about how the prohibited had entered his body. He did mention that he suffers from allergies on the Doping Control form.

Decision
1. The sanction is a period of ineligibility of nine months in which respondent can't take part in competition or manifestations organized or authorized by the FFSCDA.
2. The decision (six months period of ineligibility) of September 7, 2010, of the disciplinary committee of the FFSCDA will be modified.
3. The period of ineligibility will be reduced by the period already served by the decision of September 7, 2010.
4. All the results obtained at the muaythai event on March 14, 2010, will be cancelled. Medals, points and prizes will be withdrawn.
5. The decision starts on the date of notification.
6. The decision will be published and sent to the parties involved.

CONI 2008_17 WADA vs FICG & Fabio Lupacchio

26 Mar 2008

In May 2007 the Federazione Italiana Giuoco Calcio (FIGC), the Italian Football Federation, has reported an anti-doping rule violation against the Athlete Fabio Lupacchio after his sample tested positive for the prohibited substance cocaine.

After notification a provisional suspension was ordered and the Athlete was heard by the Ufficio di Procura Antidoping (UPA), the CONI Anti-Doping Prosecution Office. The Athlete admitted he had had used cocaine on two occasions prior to the doping test.
Considering mitigating circumstances the FICG National Disciplinary Commission decided on 6 July 2007 to impose a 1 year period of ineligibility on the Athlete, starting on the date of the provisional suspension.

WADA appealed the decision of the FICG National Disciplinary Commission with the FICG Federal Court of Justice, which dismissed the appeal on 30 July 2007.
Hereafter WADA appealed the FICG Federal Court of Justice Decision of 30 July 2007 with the CONI Anti-Doping Supreme Court. WADA requested to set aside the decision of the FIGC Federal Court of Justice and argued there were no grounds to impose a less severe sanction on the Athlete.

The Court rules that the presence of the prohibited substance in the Athlete’s sample is an anti-doping rule violation and concludes that the Athlete acted negligently when he used cocaine twice prior to the doping test. Therefore the CONI Anti-Doping Supreme Court decides to set aside the FICG Federal Court of Justice Decision of 30 July 2007 and to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension.

AFLD 2011 FFE vs Respondent M41

28 Apr 2010

Facts
The French Fencing Federation (Fédération Française d'Escrime, FFE) charges respondent M41 for a violation of the Anti-Doping Rules. During a Matsh on May 16, 2011, a sample was taken for doping test purposes. 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 used the cannabis three days before the doping test during a festivity. There was no intention to enhance sport performance.

Decision
1. The sanction is a period of ineligibility of four months in which the respondent can't take part in competition or manifestations organized or authorized by the FFE.
2. The decision, dated September 27, 2010, of the disciplinary committee of the FFE will be modified.
3. The present decision will start on the date of notification.
4. The decision will be published and sent to the parties involved.

CONI 2008_07 CONI & WADA vs FIT & Nicola Gambi

28 Feb 2008

The Federazione Italiana Tennis (FIT), the Italian Tennis Federation, has reported an anti-doping rule violation against the Athlete Nicola Gambi after his samples, provided on 22 July and 22 August 2007, tested positive for the prohibited substance cocaine.

After notification the Athlete was provisional suspended and heard by the Ufficio di Procura Antidoping (UPA), the CONI Anti-Doping Prosecution Office. The Athlete admitted that he used cocaine 5 days before the doping tests and without intention to enhance sport performance.
The FIT Federal Appeal Court accepted the Athlete's statement and decided on 25 January 2008 to impose a 1 year period of ineligibility on the Athlete, starting on the date of the provisional suspension.

Hereafter the CONI Anti-Doping Prosecution Office (UPA) and WADA appealed the decision of the FIT Federal Appeal Court with the CONI Anti-Doping Supreme Court. UPA and WADA requested to set aside the decision of the FIT Federal Appeal Court and argued there were no grounds to impose a less severe sanction on the Athlete.

The Court rules that the presence of the prohibited substance in the Athletes sample is an anti-doping rule violation. The Court concludes that the Athlete acted negligently and rejects the Athlete’s statement that he had no intention to enhance his sport performance.
Therefore the CONI Anti-Doping Supreme Court decides to set aside the FIT Federal Appeal Court Decision of 25 January 2007 and to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. 14 September 2007.

AFLD 2011 FFS vs Respondent M40

14 Apr 2010

Facts
The French Ski Federation (Fédération Française de Ski, FFS) charges respondent M40 with a violation of the Anti-Doping Rules. During a ski event on August 29, 2010, the respondent provided a sample for doping test purposes. His sample showed the presence of a furosemide. Furosemide is a prohibited substance on the World Anti-Doping Agency (WADA) prohibited list. Furosemide is regarded as a specified substance.

History
The respondent denies the use of the prohibited substance and suggest being poisoned.

Decision
1. The sanction is a six months period of ineligibility in which the respondent can't take part in competition or manifestations organized by the FFS.
2. All the results obtained at August 29, 2010, will be cancelled. Medals, points and prizes are withdrawn.
3. The decision dated December 1, 2010, of the disciplinary committee of the FFS will be modified.
3. The decision will start on the date of notification.
4. The decision will be published and sent to the parties involved.

AFLD 2011 FFSquash vs Respondent M39

8 Nov 2012

Facts
The French Squach Federation (Fédération Française de Squash, FFSquash) charges respondent M39 for a violation of the Anti-Doping Rules. During a squash event on February 13, 2010, a sample for doping test purposes was taken. The sample tested positive for prednisolone and prednisone. These substances are prohibited according the Word Anti-Doping Agency (WADA) prohibited list. They are regarded as specified substances.

History
The respondent acknowledge the use of medication against a cold on the morning before the match. The medicine contained the prohibited substances and she has a prescription from her physician.

Decision
1 The sanction is a period of ineligibility of three months in which respondent can't take part in competition or manifestation organized by the FFSquash.
2. All the results obtained at the event on February 13, 2010, will be cancelled. Medals, points and prizes are withdrawn.
3. The decision will start on the date of notification.
4. The decision will be published and sent to the parties involved.

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