Facts
The French Federation of Weightlifting, Fitness, Powerlifting and Bodybuilding (Fédération Française d'Halterophilie, Musculation, Force Athlétique et Culturisme, FFHMFAC). During a bodybuilding event on May 7, 2011, a sample was taken for doping test purposes. The analysis of the sample showed the presence of canrenone. Canrenone is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.

History
The respondent uses medication to treat arterial hypertension, this medication is the cause of the positive test result.

Decision
1. The respondent is acquitted.
2. The decision dated August 31, 2011, from the disciplinary committee of the FFHMFAC is cancelled.
3. The decision will be published and sent to the parties involved.

Facts
The French Handball Federation (Fédération Française de Handball (FFHB) charges respondent M41 for a violation of the Anti-Doping Rules. During a handball match on October 9, 2011, a sample was taken for doping test purposes. The analysis of the sample showed the presence of betamethanose. Betamethasone is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.

Facts
The respondent used medication for, firstly , a respiratory disease for the which the respondent suffered for several years and , secondly , the consequences of an recent surgery. This medication was the cause of the positive test result. The respondent has medical statement to prove this. However there was no therapeutic use exemption (TUE) for the use of the medication.

Decision
1. A warning was given to the respondent.
2. The decision dated January 16, 2012, from the disciplinary committee of the FFHB is cancelled.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

In May 2012 the National Anti-Doping Commission of Malta has reported an anti-doping rule violation against the Athlete Joseph Flask after his sample tested positive for the prohibited substance clenbuterol.
After notification the Athlete was provisional suspended and heard for the National Anti-Doping Disciplinary Panel of Malta.
The Athlete stated that he suffered from asthma and used the medications cataflam and salbutamol which he declared on the doping control form. He admitted he used another substance as pill in between races instead of his usual medication and without a doctor’s prescription.

The Panel concludes that the Athlete consciously made use of a prohibited substance in competition.
Therefore the National Anti-Doping Disciplinary Panel of Malta decides to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension.

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M31 for a violation of the Anti-Doping rules.
During a cycling match on May 28, 2011, a sample was taken for doping test purposes. The analysis of the sample showed the presence of prednisolone and prednisone. Prednisolone and prednisone are prohibited substances according the World Anti-Doping Agency (WADA) prohibited and are regarded as specified substances.

History
The respondent claims that he use of a nasal spray, to treat allergy, was the cause of the positive test.

Decision
1. The sanction is a period of ineligibility for one year in which respondent can't take part in competition or manifestation organized by the FFC or related sport federations.
2. The period of ineligibility will be reduced by the period of voluntary suspension.
3. The decision dated September 8, 2011, by the disciplinary committee of the FFC will be modified (5 months period of ineligibility).
4. The decision will start on the date of notification.
5. The decision will be published and sent to the parties involved.

Related case:
CAS 2006/A/1038 Joseph N'Sima vs FIBA & WADA
December 4, 2006

In October 2004 Antidoping Norge (Anti-Doping Norway) has reported an anti-doping rule violation against the Athlete Joseph N’Sima after his A and B samples tested positive for the prohibited substance ephedrine.
The Athlete had already left Norway and joined a basketball club in France. Therefore in January the case was transferred from Antidoping Norge to the International Basketball Federation (FIBA).
After notification by FIBA the Athlete was heard for the FIBA Commission. The FIBA Commission concluded that the Athlete has committed an anti-doping rule violation due to he acted negligently by using supplements, which contained the prohibited substance. Without intention to enhance sport performance and due to the long delay in this case, the FIBA Commission decided on 13 October 2005 to impose a 12 week period of ineligibility on the Athlete starting on the date of the decision until 31 December 2005.

Hereafter the Athlete and WADA appealed the FIBA Commission Decision of 13 October 2005 with the FIBA Appeals Commission.
The Athlete argued that there were irregularities in the sample collection. However the Athlete has no conclusive explanation for the positive doping test, due to the various medication and supplements he used.
WADA requested to set aside the FIBA Commission Decision of 13 October 2005 and to impose a 2 year period of ineligibility on the Athlete. WADA argued that the Athlete has not established that the use of the substance was not intended to enhance sport performance.

The Sole Arbitrator considered in this case: the circumstances of the offence; the degree of guilt; the Athlete’s financial and personal circumstances; the long period between the sample collection and the punishment for the anti-doping rule violation; the first violation by the Athlete; and his cooperation during the proceedings.
Therefore the Sole Arbitrator of the FIBA Appeals Commission decides:

1.) The appeal by the Athlete is dismissed.
2.) The WADA appeal is upheld and the FIBA Commission Decision of 13 October 2005 is set aside.
3.) A 2 year period of ineligibility is imposed on the Athlete, starting on 13th October 2005.
4.) In application of Art. 6.8.3.1 of the Internal Regulations the FIBA Appeals Commission Panel orders that the execution of the sanction in excess of one year be suspended.
5.) The FIBA and the Athlete shall bear the costs of the proceedings.

Related case:
FIBA 2007 FIBA vs Kaspars Kambala
April 27, 2007

In January 2007 the International Basketball Federation (FIBA) has reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance cocaine.
After notification the Athlete was provisional suspended and heard for the FIBA Disciplinary Panel.
The Athlete stated he used pills in December 2006, provided by a friend, to relieve his state of severe mental distress.
The Panel concludes that the Athlete acted negligently without research of the ingredients before using the pills. Considering the Athlete used the pills due to his extremely troubled personal situation the FIBA Disciplinary Panel decided on 12 March 2007 to impose a 14 month period on the Athlete, starting on the date of the sample collection.

Hereafter the Athlete and WADA appealed the FIBA Disciplinary Panel Decision of 12 March 2007 with the FIBA Appeals Tribunal. The Athlete argued that the imposed sanction was disproportionate, WADA argued that the imposed sanction was too low.

Considering the circumstance the Sole Arbitrator concludes that the Athlete acted negligently and had also no intention to enhance his performance by taking cocaine. The Sole Arbitrator notes that cocaine is not a specific substance, according to the present law. Therefore there is no scope for applying the principle of lex mitior in this case.

The Sole Arbitrator of the FIBA Appeals Commission decides:
1.) The Appeal by the Athlete Kaspars Kambala against the decision of the FIBA Disciplinary Panel of 27 April 2007 is dismissed.
2.) The Appeal by the World Anti-Doping Agency against the FIBA Disciplinary Panel of 27 April 2007 is allowed. The decision by the Disciplinary Panel is amended to the effect that the Athlete is suspended for a period of 2 years. The suspension shall begin on 13 December 2006 and shall end on 12 December 2008.
3.) FIBA and Athlete shall bear the costs of the proceedings in equal shares. The World Anti-Doping Agency is to be reimbursed for the costs advanced by it in the amount of CHF 3,000.00.

In December 2004 Antidoping Norge (Anti-Doping Norway) has reported an anti-doping rule violation against the Athlete David Morgan after his sample tested positive for the prohibited substance ephedrine.
After notification the Athlete’s basketball club in Norway terminated the Athlete’s contract due to the positive test and the Athlete returned to Canada.
In January 2005 the Athlete filed a statement in his defence with Antidoping Norge and admitted he used a supplement and did not know it contained a prohibited substance.
In March 2005 the Athlete requested to be heard for the FIBA Commission. On 5 April 2005 the FIBA Commission concluded that the Athleteacted negligently without intention to enhance his performance and decided to impose a 4 month period of ineligibility, starting on 18 December 2004.

Hereafter in April 2005 WADA appealed the FIBA decision of 5 April 2005 with the FIBA Appeals Commission.
WADA requested the Appeal Commission to set aside the FIBA Commission decision and to impose a 2 year period of ineligibility on the Athlete. WADA argued that the Athlete’s sample had a high concentration of the prohibited substance due to his intention to enhance his sport performance and not due to the use of a contaminated food supplement.

The Sole Arbitrator concludes that the FIBA Commission made a procedural error in this case because they imposed a limited power of review on itself in relation to the Athlete’s statement.
Therefore the Sole Arbitrator of the FIBA Appeals Commission decides to set aside the Decision of 5 April 2005 and to refer the case back to the FIBA Commission to be re-decided.

The Turkish Basketball Federation (TBF) has reported an anti-doping rule violation against the Player after his A and B samples tested positive for the prohibited substance finasteride.
The International Basketball Federation (FIBA) notified the Player and ordered a provisional suspension. The Player stated that he suffered from hair loss and therefore used medication on a regular basis, prescribed to him by his doctor.
On 5 December 2005 the FIBA Commission concluded the Athlete had committed an anti-doping rule violation.
Due to no significant fault of negligence the FIBA Commission decided to impose a 12 month period of ineligibility, of which 6 months are suspended, starting immediately and end on 21 September 2006.

Hereafter the Athlete and WADA appealed the FIBA Commission Decision of 5 December 2006 with the FIBA Appeals Commission.
The Athlete did not dispute the positive test or the anti-doping rule violation. The Athlete invoked the principle of proportionality due to the imposed sanction is too severe.
WADA requested the Appeal Commission to set aside the FIBA Commission Decision and to impose a 2 year period of ineligibility on the Athlete due to the Athlete failed to research the ingredients of the medication before using.

The Sole Arbitrator of the FIBA Appeals Commission in this case concludes that the FIBA Decision of 5 December 2005 is lawful and decides to dismiss the appeals of the Athlete and WADA.

Facts
The French Athletics Federation (Fédération Française d'Athlétisme,
FFA) charges respondent M30 for a violation of the Anti-Doping Rules. During a trial on October 16, 2011, a sample was taken for doping test purposes. The analysis of the sample showed the presence of prednisolone. Prednisolone is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The respondent had used medication to treat flu syndrome with bronchial infection, this medication is the cause of the positive test. He has a medical prescription for this and he was unaware that it the medicine contained a prohibited substance.

Decision
1. The sanction is a period of ineligibility of 6 months in which respondent can't take part in competition or manifestations organized by the FFA and related sport federations.
2. All the results obtained at the trial on October 16, 2011, will be canceled. Medals, points and prizes will be withdrawn.
3. The decision will be published and sent to the parties involved.

Facts
The French Athletics Federation (Fédération Française d'Athlétisme, FFA) charges respondent M29 for a violation of the Anti-Doping Rules. During an athletic match on October 15, 2011, a blood sample was taken for doping test purposes. The sample tested positive on darbepoetin which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The respondent didn't provide any reason for the presence of the prohibited substance in his body.

Decision
1. The sanction is a period of ineligibility of 2 years in which the athlete can't take part in competition and manifestations organized by the FFA and related sport federations.
2. The results for the match of October 15, 2001, are cancelled. Medals, points and prizes are withdrawn.
3. The decision will start on the date of the notification.
4. The decision will be published and sent to the parties involved.