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1997 Cycling / Cyclisme Doping Upheld FR Appeal Procedure

Parties & Representatives

Appellant Representative: Philippe Verbiest

Arbitrators

President: Gérard Rasquin

Decision Information

Decision Date: April 15, 1998

Case Summary

The case centers on a doping dispute between the Union Cycliste Internationale (UCI) and a cyclist referred to as A., licensed by the Uzbekistan Cycling Federation. During the 1997 racing season, including the Tour de France, A. tested positive for banned substances—bromantan, a stimulant, and clenbutérol, a non-steroidal anabolic agent. Both substances were prohibited under UCI regulations, though bromantan was not explicitly listed until May 1997 but had been recognized as banned by the International Olympic Committee (IOC) since November 1996. After confirming the presence of these substances through counter-analysis, A. was suspended by the Uzbekistan Cycling Federation, which imposed a six-month suspension and a fine. The UCI, dissatisfied with the leniency of the sanctions, appealed to the Court of Arbitration for Sport (CAS), seeking stricter penalties, including a one-year suspension, disqualification from affected races, financial penalties, and loss of ranking points.

The CAS addressed several procedural and substantive issues, including the UCI’s standing to appeal despite not participating in the initial disciplinary proceedings. The court affirmed the UCI’s right to appeal under its regulatory framework, emphasizing its role as the governing body enforcing anti-doping rules. The cyclist’s legal team contested the CAS’s jurisdiction, arguing that other legal avenues should be exhausted first, but the CAS dismissed this, noting that the cyclist had agreed to its jurisdiction through his licensing agreement. The CAS also ruled that substances not explicitly listed by the UCI could still be considered banned if they violated the spirit of anti-doping regulations, as was the case with bromantan.

The CAS found that A. had committed multiple doping violations, using bromantan in five separate events and clenbutérol during the Tour de France. The Uzbek Federation’s decision to treat these as a single offense was deemed inadequate, leading the CAS to impose stricter sanctions: a one-year suspension effective from July 12, 1997, a fine of 4,000 Swiss francs, and the deduction of 50 ranking points for each of the six races from which A. was disqualified. The decision reinforced the UCI’s authority in anti-doping enforcement and highlighted the CAS’s role in ensuring compliance with international standards.

The case underscores the rigorous anti-doping framework in professional cycling, the importance of procedural adherence, and the principle that substances recognized as banned by authoritative bodies like the IOC are prohibited regardless of formal listing delays. It also demonstrates the CAS’s authority to review and modify sanctions imposed by national federations, ensuring consistent and proportionate penalties for doping violations. The outcome reaffirms the strict enforcement of anti-doping rules and the consequences of non-compliance in elite sports.

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