The case CAS 2009/A/1799 involved a dispute between the Czech Ski Association and cross-country skier Ondrej Horyna against the International Ski Federation (FIS). The controversy arose from Horyna’s participation in training activities during his two-year doping suspension. While serving his ban, Horyna trained in Ramsau, Austria, at the same time and location as the Czech national team in October 2008. The FIS Doping Panel ruled this constituted an additional anti-doping violation under Article 10.9 of the FIS Anti-Doping Rules, imposing an extra one-year ineligibility period. The Czech Ski Association was also penalized for failing to prevent Horyna’s involvement, resulting in a CHF 10,000 funding withdrawal.
The central issue was whether Horyna’s presence during the national team’s training violated his suspension. The panel determined that participation in training activities does not require an official invitation and can be inferred from circumstantial evidence, such as shared facilities, interactions with team members, and wearing team attire. Although the FIS Anti-Doping Rules did not explicitly outline sanctions for such violations, the panel justified the additional ban as proportionate and implied within the rules, aligning with the World Anti-Doping Agency (WADA) Code. The panel also found the Czech Ski Association partially responsible for not preventing Horyna’s involvement.
Horyna and the Czech Ski Association appealed to the Court of Arbitration for Sport (CAS), arguing that his training was independent and not formally connected to the national team. Horyna claimed he arranged his own accommodations and training, funded by his mother, and chose Ramsau due to its affordability and snow conditions. However, the CAS panel rejected these arguments, emphasizing that his actions effectively circumvented his suspension. The panel upheld the FIS Doping Panel’s decision, reinforcing the need for strict enforcement of anti-doping regulations to maintain competitive integrity.
The case highlighted the tension between an athlete’s right to train privately and the strict interpretation of anti-doping rules. The CAS ruling set a precedent for interpreting "participation" in training activities during suspension, affirming that even indirect involvement with a national team could constitute a violation. The decision also underscored the responsibility of national associations to ensure suspended athletes comply with ineligibility terms. Ultimately, the CAS dismissed the appeal, confirming the additional one-year ban for Horyna and the financial penalty for the Czech Ski Association, reinforcing the importance of upholding anti-doping measures in sports.