ISI 2013_7 ISI Anti-Doping Committee vs Eiriki Inga Kristinssyni

7 Oct 2013

In July 2013 Lyfjaráð ÍSÍ, the Iceland ISI Anti-Doping Committee, has reported an anti-doping rule violation against the Player Eiriki Inga Kristinssyni after his sample tested positive for the prohibited substance metandienone.
Considering the committed violation and without the Athlete's statement, the ISI Tribunal decides to impose a 2 year period of ineligibility on the Player, starting on 12 June 2013.

ISI 2013_6 ISI Anti-Doping Committee vs Javier Fernandez Valino

28 May 2013

In March 2013 Lyfjaráð ÍSÍ, the Iceland ISI Anti-Doping Committee, has reported an anti-doping rule violation against the Player Javier Fernandez Valino after his sample tested positive for the prohibited substance cannabis.
After notification the Player was provisional suspended. The Player filed a statement in his defence and was heard for the Tribunal of the National Olympic and Sport Association of Iceland (ISI).

The Player admitted he smoked cannabis two weeks before the doping test.
The ISI Tribunal decides to impose a 6 month period of ineligibility on the Player, starting on 16 April 2013.

AFLD 2012 FFC vs Respondent M70

6 Sep 2012

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M70 for a violation of the Anti-Doping Rules. During a cycling event on November 26, 2011, a sample was taken for doping test purposes. The analysis of the sample showed the presence of hydrochlorothiazide which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list. Hydrochlorathiazide is regarded as a specified substance.

History
The respondent claims that the positive test result came from taking a dietary supplement for aesthetic reasons.

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 by the FFC.
2. All results obtained at the cycling event on November 26, 2011, are cancelled. Medals, points and prizes are withdrawn.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

ISI 2013_2 ISI Anti-Doping Committee vs X

6 May 2013

In March 2013 Lyfjaráð ÍSÍ, the Iceland ISI Anti-Doping Committee, has reported an anti-doping rule violation against the Player X after his sample tested positive for the prohibited substance metandienone.
After notification the Player was provisional suspended. The Player filed a statement in his defence and was heard for the Tribunal of the National Olympic and Sport Association of Iceland (ISI).

The Player stated he had accepted a nutritional drink from his brother and did not know it contained the prohibited substance metandienone (Dianebol). The Player argued that he had no intention to enhance his sport performance due to the prohibited substance has no effect on concentration and precision needed in bowling.

Considering the Player acted negligently the ISI Tribunal decides to impose a 6 month period of ineligibility on the Player, starting on the date of the provisional suspension, i.e. on 22 February 2013.

AFLD 2012 FFV vs Respondent M69

6 Sep 2012

Facts
The French Sailing Federation (Fédération Française de Voile, FFV) charges respondent M69 for a violation of the Anti-Doping Rules. During a sailing match on September 25, 2011, a sample was taken for doping test purposes. The analysis of the sample showed the presence of a metabolite of cannabis which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list. Cannabis is regarded as a specified substance.

History
The respondent had used cannabis after the separation of his girl-friend and child, for which he has documented proof.

Decision
1. The sanction is a period of ineligibility of 4 months in which respondent can't take part in competition or manifestations organized by the FFV.
2. The period of ineligibility will be reduced by the period already served in voluntary suspension.
3. The decision ( a ban for a period between April 102012 and
June 14, 2012) dated April 19, 2012, of the disciplinary committee of the FFV will be modified.
4.The decision starts on the date of notification.
5. The decision will be published and sent to the parties involved.

AFLD 2012 FFC vs Respondent M68

6 Sep 2012

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M68 for a violation of the Anti-Doping Rules. During a match on November, 2011, a sample was taken for doping test purposes. The sample tested positive on the prohibited substance heptaminol and a metabolite of nandrolone. Heptaminol and nandrolone are prohibited substances according the World Anti-Doping Agency prohibited list.

History
The respondent explained that the positive finding of heptaminol came from a medicine used against venous insufficiency calf. The positive finding of nandrolone came from a supplement used to increase mass and pedaling power.

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 by the French sport federations.
2. The present decision shall take effect from the date of notification
to the respondent. It will apply until the end of (the execution of the punishment inflicted on January 26, 2012 by disciplinary committee of the FFC and confirmed on March 21, 2012 by the appeal board of the federation.
3. The decision will be published and sent to the parties involved.

ISI 2013_3 ISI Anti-Doping Committee vs Ómar Örn Sævarsson

7 May 2013

In March 2013 Lyfjaráð ÍSÍ, the Iceland ISI Anti-Doping Committee, has reported an anti-doping rule violation against the Player Ómar Örn Sævarsson after his sample tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine).
After notification a provisional suspension was ordered. The Player filed a statement in his defence and was heard for the Tribunal of the National Olympic and Sport Association of Iceland (ISI).

The Player stated that he accepted two sips of a drink prepared for him by one of his team mates and had no intention to enhance his sport performance.
The ISI Tribunal notes that according to information from an expert at the laboratory where the sample was analysed the concentration of the substance in the Player's sample was quite high, at ten times the threshold limit.

Therefore the ISI Tribunal decides to impose a 6 month period of ineligibility on the Player, starting on the date of the provisional suspension, i.e. on 8 March 2013.

AFLD 2012 FFBS vs Respondent M67

6 Sep 2012

Facts
The French Baseball and Softball Federation (Fédération Française de Baseball et Softball, FFBS) charges respondent M67 for a violation of the Anti-Doping Rules. During a match on July 17, 2011, a sample was taken for doping control purposes. The analysis of the sample showed the presence of tuaminoheptane. Tuaminoheptane is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.

History
The respondent has used medication containing tuaminoheptane;
he used it to treat a cold. A befriended physician gave a written statement. He used this medicine every night to avoid snoring.

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

Swiss Federal Court 4A_358_2009 Florian Busch vs WADA

6 Nov 2009

Related cases:
CAS 2008/A/1564 WADA vs IIHF & Florian Busch
June 23, 2009
CAS 2008/A/1738 WADA vs DEB & Florian Busch
June 23, 2009

On 7 March 2008, Nationale Anti Doping Agentur Deutschland (NADA), the German National Anti-Doping Agency, has reported to Deutscher Eishockey-Bund (DEB), the German Ice Hockey Federation, an anti-doping rule violation against the Athlete Florian Busch after he refused to provide a sample for doping control.
The DEB informed NADA that the sanction as proposed by the National Anti-Doping Code would be excessive and a public warning would be sufficient, considering the circumstances of the actual case. Accordingly, it pronounced a public reprimand of the player on 15 April 2008 and fined him EUR 5,000.00 and 56 hours community service.

NADA learned of the decision by the DEB through the media and also learned that the International Ice Hockey Federation (IIHF) supported this and would permit the player to play in the Ice Hockey World Championship in Canada during 2 - 11 May 2008. NADA then informed WADA on 21 April 2008 for the WADA to be able to instigate measures.

In a letter dated 6 May 2008, WADA appealed to the directory of the IIHF World Championships, on the basis of Article 3.1 of the IIHF Disciplinary Regulations 2004, to temporarily suspend the Athlete as of 6 May 2008 and for the IIHF to decide within 48 hours on a provisional suspension. In addition, WADA requested that the IIHF Disciplinary Committee to instigate disciplinary proceedings against the Athlete and to impose a two-year suspension.
On 7 May 2008, the IIHF Board informed WADA via e-mail that it would be unable to act as per the request. Amongst other things, the IIHF noted that the Internal Disciplinary Commission established by the German Ice Hockey Federation had decided on this matter on 15 April 2008 and that the period for an appeal had not yet lapsed.

On the same day, WADA wrote to the IIHF that she would assume that the letter of 7 May 2008 would be a decision according to the meaning of the IIHF disciplinary regulations which would be subject to the Court of Arbitration for Sport (CAS).
On 9 May 2008, WADA appealed against the decision of 15 April 2008 of the DEB at the Ad-hoc Arbitral Tribunal of the German Olympic Sports Association and applied for the decision to be reversed and for the imposition of a two-year suspension on the Athlete. The DEB ad-hoc Arbitral Tribunal dismissed the WADA appeal with its decision of 3 December 2008, citing the reason that the sanction applied for by WADA would lack legal foundation.

On 27 May 2008, WADA appealed with CAS the letter of the IIHF of 7 May 2008 and applied for the imposition of a two-year suspension (Proceedings CAS 2008/A/1564). It noted that the request for arbitration was made to ensure its rights, in particular for the case that the request submitted to the German ad-hoc Arbitral Tribunal would not be allowed. Subsequently, the proceedings were suspended pending a decision by the German Arbitral Tribunal.

Following this, WADA also appealed the decision made by the ad-hoc Arbitral Tribunal of the German Olympic Sports Association (CAS 2008/A/1738). With the decision of 23 June 2008, CAS refused the case on the grounds of lack of jurisdiction. The IIHF waived participation in the arbitration proceedings. Amongst others, the Athlete objected on the grounds of want of jurisdiction, because an arbitration agreement was lacking.

In respect to the first appeal (Proceedings CAS 2008/A/1564), based on the "Player Entry Form" signed by the Athlete for the World Championship, CAS declared itself to be competent and took the e-mail sent by the IIHV on 7 May 2008 as an appealable decision. It revoked the decision by the IIHF with an arbitration ruling of 23 June 2008 and pronounced a two-year suspension of the Athlete.

Hereafter the Athlete applied to the Swiss Federal Court as a civil complaint to revoke the arbitration ruling by CAS of 23 June 2009 (CAS 2008/A/1564).

The Swiss Federal Court concludes that the complaint in civil matters against the CAS decision is purely of a cassatory nature, apart from exceptions where the present prerequisites are not given. Hence, the decision of CAS of 23 June 2008 must be set aside following the approval of the Athlete’s appeal. Corresponding with the outcome of the proceedings, WADA becomes liable for costs and damages.

Therefore the Swiss Federal Court decides:

1.) The appeal of the Athlete Florian Busch is approved and the CAS decision (CAS 2008/A/1564) of 23 June 2008 is set aside.
2.) The court fees of SFR. 5,000.00 are imposed on WADA.
3.) WADA has to compensate the Athlete for the Federal Court proceedings with SFR 6,000.00.
4.) This judgment is provided in writing to the parties and the Court of Arbitration for Sport (CAS).

AFLD 2012 FFHG vs Respondent M66

6 Sep 2012

Facts
The French Ice Hockey Federation (Fédération Française de Hockey sur Glace, FFHG) charges respondent M66 for a violation of the Anti-Doping Rules. During a match on November 26, 2011, a sample was taken for doping control 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
The athlete didn't use the cannabis to enhance his sport performance, it was used in recreational setting the eve before the match.

Decision
1. The sanction is a period of ineligibility of six months in which respondent can't take part in competitions and sporting events organized or authorized by the French Ice Hockey Federation.
2. The earlier decision (5 months period of ineligibility) dated February 16, 2012, of the disciplinary committee of the FFHG will be modified.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

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