Swiss Federal Court 1A_154_2000 UCI vs Vaud Cantonal Court

3 Jul 2000

On 4 June 1999 15 professional cyclist provided samples to the UCI prior to the course Predazzo to Madonna di Campiglio of the 82nd Giro d'Italia. Laboratory analysis of 13 of the 15 samples tested positive for the prohibited substance Erythropoietin (EPO).

Hereafter in October 1999 the Italian prosecutor of the Court of Brescia requested the Swiss Federal Office of Police and therefore the Swiss Tribunal Cantonal de Vaud (Vaud Cantonal Court) to capture the documents, at the UCI headquarter in Lausanne, identifying the Athletes who provided these samples. The Italian Prosecutor needed these documents for criminal investigations against organised trafficking of prohibited substances.

On 22 November 1999 the Vaud Cantonal Court ruled the UCI to provide the requested information. On 15 December 1999 and on 15 April 2000 the Vaud Cantonal Court dismissed two UCI appeals against the decision and UCI submitted the requested documents on 25 January 2000.

The UCI appealed the decision of 15 April 2000 of the Vaud Cantonal Court with the Swiss Federal Court. The UCI argued that:
- The decision of 15 April 2000 was disproportional.
- The provided documents have no interest for criminal proceedings in Italy, because the samples don’t constitute irrefutable proof of exogenous EPO.
- The content of the documents are ruining the UCI actions against doping and undermine their programm to protect the health of the Athletes.
- The UCI breached the medical confidentiality promised to the Athletes.

On 3 July 2000 the Swiss Federal Court rules that the arguments are without ground and therefore dismissed the UCI appeal.

Swiss Federal Court 5P_427_2000 Andreea Raducan vs IOC

4 Dec 2000

Related case:
IOC 2000 IOC vs Andreea Raducan & Oana Ioachin
September 26, 2000
CAS OG_2000_011 Andreea Raducan vs IOC
September 28, 2000

Ms. Andreea Raducan is a Romanian Athlete competing in the Women’s Individual Gymnastics at the Sydney 2000 Olympic Games.

On 25 September 2000 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substance pseudoephedrine in a concentration above the IOC threshold.
On 26 September 2000 the IOC Executive Board decided to disquality the Athlete and ordered to withdraw and return the gold medal and the diploma awarded to the Ahlete.
Considering the circumstances the FIG Executive Committee hereafter decided on 27 September 2000 not to impose any sanction on the Athlete.

On 28 September 2000 the Athlete appealed the IOC decision of 26 September 2000 with the Court of Arbitration for Sport (CAS). The Athlete requested the CAS Panel to set aside the IOC decision and restoring the gold medal to the Athlete.
The Athlete argued that she bears no responsibility for the anti-doping violation, due to a cold and cough she suffered she used Nurofen medication provided to her by the Romanian team doctor. She also disputed the validation of the doping test.
The CAS Panel ruled that the Athlete’s arguments does not effect the fact that a prohibited substance was present in her system during a competition. Therefore the Court of Arbitration Panel agrees with the sanction imposed by the IOC and dismissed the Athlete’s appeal.

Hereafter the Athlete appealed the CAS Decision of 28 September 2000 with the Swiss Federal Court.
On 4 December 2000 the Swiss Federal Court considers the Athlete’s arguments and rules that these are without ground and therefore dismiss the Athlete’s appeal.

Swiss Federal Court 4P_267_2002 Larissa Lazutina & Olga Danilova vs IOC and FIS

27 May 2003

Swiss Federal Court 4P.268_2002 Larissa Lazutina & Olga Danilova vs IOC and FIS
Swiss Federal Court 4P.269_2002 Larissa Lazutina & Olga Danilova vs IOC and FIS
Swiss Federal Court 4P.270_2002 Larissa Lazutina & Olga Danilova vs IOC and FIS

Related cases:
IOC 2002 IOC vs Larissa Lazutina
IOC 2002 IOC vs Olga Danilova
CAS 2002/A/370 Larissa Lazutina vs IOC
CAS 2002/A/397 Larissa Lazutina vs FIS
CAS 2002/A/371 Olga Danilova vs IOC
CAS 2002/A/398 Olga Danilova vs FIS

Ms. Larissa Lazutina and Olga Danilova are Russian Athletes competing in de women’s cross country skiing at the Salt Lake City 2002 Olympic Winter Games.

On 21 February 2002 the International Olympic Committee (IOC) has reported two anti-doping rule violations against the two Russian Athletes Larissa Lazutina and Olga Danilova after their samples tested positive for the prohibited substance darbepoetin (dEPO), related substance to erythropoietin (EPO).

Therefore the IOC Executive Board decided, as recommended by the IOC Disciplinary Commission, that these two athletes are:
1.) disqualified from the women’s 30 km classical cross country skiing event;
2.) excluded from the XIX Olympic Winter Games Salt Lake City 2002, according to Chapter II, Articles 2.1 and 2.2 of the Olympic Movement Anti-Doping Code.
3.) The International Ski Federation is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
4.) The National Olympic Committee of the Russian Federation is hereby ordered to return to the IOC, not later than 17:00 hours today, the medal and diploma awarded to the athletes in relation to the above-mentioned event.
5.) The decision shall enter into force immediately.

On 3 June 2002 the Council of the International Ski Federation (FIS) decided to impose a two year period of ineligibility on the two Athletes, starting on 8 December 2001 for Ms. Larissa Lazutina and on 21 February 2002 for Ms. Olga Danilova.

On 29 November 2002 the Court of Arbitration for Sport (CAS) dismissed the 4 appeals filed by the two Russian Athletes (CAS 2002/A/370, CAS 2002/A/397, CAS 2002/A/371, CAS 2002/A/398) against the decisions made by the IOC on 24 February 2002 and FIS on 3 June 2002.

Hereafter the Athletes appealed the CAS decision with the Swiss Federal Court. The Athletes argued that the CAS Panel refused to hear their expert witnesses as violation of their right to be heard or the equality of the parties.
On 27 May 2003 the Swiss Federal Court rules that all the Athletes’ complaints about the CAS arbitration procedures are without ground or are inadmissible.

Swiss Federal Court 4A_460_2008 Ricardo Lucas Dodô vs FIFA & WADA

9 Jan 2008

Related cases:
CAS 2007/A/1376 & 1370 FIFA & WADA vs Superior Tribunal de Justiça Desportiva do Futebo (STJD) & Confederacao Brasileira de Futebol (CBF) & Ricardo Lucas Dodô
September 11, 2008

In June 2007 the Confederaçãoo Brasileira de Futebol (CBF), the Brazilian Football Confederation, has reported an anti-doping rule violation against the Athlete Ricardo Lucas Dodô after his sample tested positive for the prohibited substance fenproporex.
On 24 July 2007 the CBF Disciplinary Commission decided to impose a 120 day period of ineligibility on the Athlete. The Athlete appealed against this decision with the Superior Tribunal de Justiça Desportiva do Futebol (STJD), the Brazilian High Sports Court of Football, which dismissed the CBF decision on 2 August 2007 due to the Athlete was victim of a contamination without acting negligent.

In September 2007 both FIFA and WADA appealed the STJD decision of 2 August 2007 with the Court of Arbitration for Sport (CAS). FIFA and WADA requested the CAS Panel to impose a 2 year period of ineligibility on the Athlete. On 11 September 2008 the CAS Panel decided to dismiss the STJD decision of 2 August 2007 and to impose a 23 month period of ineligibility on the Athlete (CAS 2007/A/1370 & 1376).

Hereafter the Athlete appealed the CAS Decision of 11 September 2008 with the Swiss Federal Court. The Athlete requested the Court to dismiss the CAS Decision and argued that CAS has no jurisdiction due to STJD decisions are undisputable for FIFA affiliated bodies.
However 9 January 2009 the Swiss Federal Court rules that CAS has jurisdiction and therefore dismissed the Athlete’s Appeal.

AFLD 2008 FFBS vs Respondent M60

16 Oct 2008

Facts
The French Baseball and Softball Federation (Fédération Française de Baseball et Softball, FFBS) charges respondent M60 for a violation of the Anti-Doping Rules. During a match on May 11, 2008, a sample was taken for doping test purposes. The analysis of the sample showed the presence of prednisone and prednisolone which are prohibited substances according the World Anti-Doping Agency (WADA) prohibited list, they are regarded as specified substances.

History
The respondent explains that he had used medication to prevent an allergic reaction or asthma attack. He has medical documentation to prove his allergy for cat and dog hair.

Decision
1. The respondent is acquitted.
2. The decision (one month period of ineligibility) of August 9, 2008, by the disciplinary committee of the FFBS should be modified.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

AFLD 2008 FFME vs Respondent M59

25 Sep 2008

Facts
French Mountaineering and Climbing Federation (Fédération Française de la Montagne et de l'Escalade, FFME) charges M59 for a violation of the Anti-Doping Rules. During an event on January 27, 2008, the respondent provided a sample for doping test purposes. The sample showed the presence of prednisolone and prednisone which are prohibited substance on the World Anti-Doping Agency (WADA) prohibited list. They are regarded as specified substances.

History
The respondent thinks that the positive test derived from a pharmaceutical product he had used and tablets of an old treatment. It was used to treat a condition of fragile bronchi. He had mentioned the pharmaceutical product on the doping control form, but he had taken more tablets than was prescribed. Also there was no mentioning of the tablets of the old treatment he had used.

Decision
1. The decision (four months period of ineligibility in which respondent can't take part in competition and manifestations organized or authorized by the FFME) dated May 16, 2008, by the disciplinary committee of the FFME doesn't need to be changed.
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 M58

25 Sep 2008

Facts
The French Federation of Full Contact Sports (Fédération Française de Full Contact, FFFC) charges respondent M58 for a violation of the Anti-Doping Rules. During a doping control in the night of February 10 to 11, 2007, the respondent evaded the doping control.

History
The respondent admitted to have used a prohibited substance the last five days, it was made clear to him that he could refuse the doping control which he did.

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 (six months period of ineligibility) dated March 28, 2007, by the disciplinary committee of the FFFC should be modified.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

FIBA 2013 FIBA vs Djordje Jovanovic

20 Feb 2013

In October 2012 the Hellenic National Council for Combating Doping (ESKAN) has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance methandienone. The Hellenic Basketball Federation (HBF) notified the Player and ordered a provisional suspension. The Athlete failed to attend the hearing of the HBF Judge, nor did he file a statement in his defence. Therefore the HBF Judge decided on 28 November 2012 to impose a 5 month period on the Athlete.

Pursuant to the HBF Decision of 28 November 2012, the FIBA Disciplinary Panel started proceedings against the Athlete to determine the sanction for FIBA competitions.
Without attending the hearing and without a statement in his defence the FIBA Disciplinary Panel decides to impose a 2 year period of ineligibility on the Athlete, starting on the date of the notification, i.e. on 24 October 2012.

AFLD 2008 FFFC vs Respondent M57

25 Sep 2008

Facts
The French Federation of Full Contact Sports (Fédération Française de Full Contact, FFFC) charges respondent M57 for a violation of the Anti-Doping Rules. During a doping control in the night of February 10 to 11, 2007, the respondent evaded the doping control. On February 14, 2007, he had another doping control. His sample tested positive for the substance furosemide which is a prohibited substance according the World Anti-Doping Agency (WADA) doping list.

History
The respondent had evaded to deliver his sample after being asked personally. Also he didn't present any written documents and didn't appear at the hearing.

Decision
1. The sanction is a period of ineligibility of three years in which the respondent can't take part in competition or manifestations organized or authorized by the FFFC.
2. The decision (two years period of ineligibility) dated March 28, 2007, by the disciplinary committee of the FFFC should be modified.
3. The period of ineligibility should be reduced by the period served under the decision of March 28, 2007.
4. The decision starts on the date of notification.
5. The decision will be published and sent to the parties involved.

AFLD 2008 FFSU vs Respondent M56

4 Sep 2008

Facts
The French University Sport Federation (Fédération Française du Sport Universitaire, FFSU) charges respondent M56 for a violation of the Anti-Doping Rules. During a boxing event on March 22, 2008, 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 in the weeks before the match. He had used it to clear his head and continue his studies without thinking of his family problems. There was no intention to enhance his sport performance.

Decision
1. The sanction is a period of ineligibility of three months in which respondent can't take part in competition or manifestations organized or authorized by the FFSU or the French Boxing Federation (FFBoxe).
2. The decision (one year period of ineligibility) dated July 3, 2008, by the disciplinary committee of the FFSU should be modified.
3. The period of ineligibility will be reduced by the period already served due to the decision of July 3, 2008.
4. The decision will start on the date of the notification.
5. The decision will be published and sent to the parties involved.

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