The case involves an appeal by Romanian weightlifter Cristina Iovu against a decision by the International Weightlifting Federation (IWF) regarding an anti-doping rule violation. The central issue was whether the appeal was filed within the required 21-day deadline under Article 13.7.1 of the IWF Anti-Doping Policy (ADP). The IWF Hearing Panel's decision was sent via email on March 3, 2020, to Iovu and her attorney. The appeal was filed on March 30, 2020, but the IWF contested its timeliness, arguing the decision was deemed received when sent to the provided email addresses. The Court of Arbitration for Sport (CAS) panel examined whether the email constituted proper receipt under Article R49 of the CAS Code, which requires the decision to enter the recipient's sphere of control, even if not actually read.
Iovu's attorney claimed technical issues delayed access to the email, as it was mistakenly directed to a spam folder due to an expired security certificate. He argued the deadline should start from March 9 or 10, 2020, when the decision was discovered or the full case file was received. The IWF countered that the email notification was valid under Article 14.3.8 of the IWF ADP, which deems emails effective upon sending. The panel referenced Austrian and German case law, which establishes that recipients, especially in business contexts, must check spam folders daily. The risk of misclassification lies with the recipient, and attorneys are held to a high standard in managing electronic communications.
The panel concluded the appeal was inadmissible, as the decision entered Iovu's sphere of control on March 3, 2020, making the March 30 filing untimely. The panel emphasized that parties must diligently monitor their email communications, even if technical issues arise. The ruling underscores the importance of timely and proper notification in legal and sporting disputes, reinforcing that recipients bear responsibility for ensuring access to electronically delivered decisions. The case highlights the procedural complexities of calculating time limits and the validity of notifications in sports arbitration, ultimately dismissing Iovu's appeal due to the missed deadline.