The case involves a dispute between the World Anti-Doping Agency (WADA) and the Italian National Olympic Committee (CONI), the Italian Football Federation (FIGC), and professional football player Nicolò Cherubin regarding an alleged anti-doping violation. The incident occurred after a Serie A match on October 31, 2007, when Cherubin was selected for doping testing but left the testing station to shower without authorization, causing a delay in sample collection. The sample later tested negative. The FIGC initially dismissed charges against Cherubin, but the CONI Anti-Doping Prosecutor appealed, arguing that Cherubin violated anti-doping rules by failing to cooperate. The Giudice di Ultima Instanza in Materia Doping (GUI) overturned the initial decision, imposing a one-month suspension under Article 4.2 of the Anti-Doping Prosecutor’s Operating Instructions, which penalizes athletes for lack of cooperation without justification.
WADA appealed to the Court of Arbitration for Sport (CAS), seeking a harsher penalty of one to two years of ineligibility under Article 2.3 of the CONI Anti-Doping Rules, which prohibits refusing or failing to submit to sample collection. WADA argued that the GUI’s decision was insufficient and that the case should be governed by the World Anti-Doping Code (WADC), which Italy had adopted. Cherubin and the FIGC opposed the appeal, contending that WADA’s claim was inadmissible because no formal decision on an anti-doping violation had been made under Article 13.2 of the WADC. They also argued that the charge under Article 2.3 was waived due to the prosecution’s failure to raise it earlier and that the sanction was applied retroactively.
The CAS panel examined whether Cherubin’s actions constituted a refusal or failure to comply with doping control. Evidence showed that Cherubin left the testing station but returned to provide a sample. The panel found no definitive proof that he was explicitly instructed not to leave or that he understood his obligations. Witness testimony was inconsistent, and records indicated Cherubin left "of his own initiative" without clear refusal from officials. The panel noted that other players were allowed to shower, and Cherubin eventually complied with testing.
The CAS ruled that WADA failed to prove, to the required standard of comfortable satisfaction, that Cherubin deliberately refused or failed to comply with doping control. The panel dismissed WADA’s appeal, upholding the original decision by CONI’s disciplinary body, which had cleared Cherubin of any violation. The ruling emphasized the lack of unequivocal evidence that Cherubin acted in defiance of anti-doping rules and distinguished this case from others with stricter penalties. The decision highlighted the importance of clear communication in anti-doping procedures and the need to establish that athletes are fully aware of their obligations during testing. The case underscores the balance between enforcing anti-doping regulations and ensuring fair treatment of athletes in disciplinary proceedings.