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2006 Skiing / Ski Eligibility Dismissed FR Ad hoc Procedure

Parties & Representatives

Arbitrators

President: Hans Nater

Decision Information

Decision Date: February 10, 2006

Case Summary

The case revolves around Samir Azzimani, a Moroccan alpine skier, who appealed to the Court of Arbitration for Sport (CAS) during the 2006 Turin Winter Olympics after the Moroccan National Olympic Committee (NOC) excluded him from participation due to medical reasons. Azzimani sought to compete in the slalom and giant slalom events, attend the opening ceremony, and access athlete facilities. The dispute centered on whether the NOC's decision was valid under Olympic rules. The CAS highlighted the authority of NOCs under Rule 45 of the Olympic Charter, which grants them exclusive rights to register athletes for the Games. The court reiterated its stance that it cannot compel an NOC to register an athlete. Azzimani argued that his exclusion violated Olympic selection criteria, non-discrimination principles, and his right to practice sport, asserting he met the International Ski Federation's performance standards. However, the Moroccan NOC presented two medical certificates diagnosing Azzimani with a dislocated left shoulder and recommending a two-month rest period, justifying its decision on health grounds. The CAS panel found no violation of the Olympic Charter, ruling that the NOC's decision was medically justified and not arbitrary. The panel upheld the NOC's discretion in athlete selection, emphasizing the limited scope for CAS intervention in such matters. The ruling reinforced the balance between athlete rights and NOC autonomy in Olympic participation decisions. The CAS ultimately rejected Azzimani's appeal on February 10, 2006, affirming the NOC's decision based on valid health concerns. The case underscores the significance of medical evidence in determining eligibility for the Olympics and the deference given to NOCs in such determinations.

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