The case revolves around Claudia Pechstein, a German speed skater, who sought to overturn her exclusion from the 2010 Vancouver Winter Olympics by appealing to the Court of Arbitration for Sport (CAS) ad hoc Division. Pechstein had been banned for two years by the International Skating Union (ISU) for an anti-doping violation, a decision upheld by both CAS and the Swiss Federal Tribunal. Despite her ineligibility, Pechstein argued that new medical evidence warranted her nomination by the German National Olympic Committee (DOSB) and permission from the International Olympic Committee (IOC) to compete. She claimed the CAS ad hoc Division had jurisdiction because the dispute arose during the Olympic preparation period and involved different parties than the earlier proceedings.
The DOSB and IOC contested the CAS ad hoc Division's jurisdiction, asserting that Pechstein had not been formally nominated or registered for the Games and that no appealable decision had been made under CAS rules. The DOSB also highlighted that its statutes did not provide for arbitration with individual athletes, only with member organizations. The ISU further argued that the dispute fell outside the ad hoc Division's temporal jurisdiction, as no relevant decision had been issued within the ten days preceding the Games.
The CAS panel ruled that it lacked jurisdiction because Pechstein's claim was based on an assumption of non-nomination rather than a formal decision by the DOSB or IOC. The panel emphasized that prior rulings by CAS and the Swiss Federal Tribunal had already settled the matter of her ineligibility, leaving no appealable issue under the CAS Arbitration Rules for the Olympic Games. Additionally, the panel noted that the German Speed Skating Association's (DESG) letter, which Pechstein cited as a nomination proposal, was conditional and not a formal request.
The panel also clarified that the CAS ad hoc Division's authority is limited to disputes arising during or shortly before the Games and involving specific Olympic-related bodies. Since Pechstein's ineligibility was legally binding, the panel could not overturn it, and any request to suspend the ban would need to be addressed to another competent tribunal. Ultimately, the panel dismissed Pechstein's application, reaffirming her exclusion from the 2010 Winter Olympics and underscoring the strict jurisdictional boundaries of the CAS ad hoc Division. The case highlights the procedural constraints governing appeals in sports arbitration and the finality of doping-related sanctions.