(CAS) Bulletin - Tribunal Arbitral du Sport / TAS

The Athlete refers the Panel to the following CAS
awards in which various CAS panels held that the
athletes had committed anti-doping rule violations
but decided not to disturb results achieved by those
athletes before the commencement date of their
sanction: CAS 2007/A/1396 & 1402, (OG Turin)
06/001 and CAS 2007/A/1283.
The Panel considers that the fairness considerations
invoked by the Athlete do not apply in this case
because he is in effect requesting that results obtained
after the commencement of the ineligibility period be
maintained.
That would not only be in contradiction with the
sanction of ineligibility itself, but would also be unfair
compared to the treatment of the majority of athletes
who are provisionally suspended from the outset due
to non-contested positive anti-doping test and whose
provisional sanction is never lifted, thereby never
having the opportunity to enter any competitions
and obtain results/prizes pending the fi nal resolution
of the anti-doping violations charges. For reasons
of fairness, the Panel has decided above to start the
Athlete’s ineligibility period at a much earlier date
than what would in principle apply. The consequence
of that cannot be that the results obtained after the
beginning of such period would not be affected.
For the above reasons, the Panel decides that the
2010 Tour de France result of Mr Contador shall
be disqualifi ed as well as the results obtained in all
competitions he participated in after 25 January
2011, which is the date when according to the Panel’s
decision the ineligibility period is deemed to have
begun.
E. Conclusion
In summary, the Panel concludes that:
a) the Athlete’s positive test for clenbuterol is more
likely to have been caused by the ingestion of a
contaminated food supplement than by a blood
transfusion or the ingestion of contaminated
meat;
b) no evidence has been adduced proving that the
Athlete acted with no fault or negligence or no
signifi cant fault or negligence;
c) a two year period of ineligibility shall be imposed
upon the Athlete, running as of 25 January 2011;
d) the 2010 Tour de France result of Mr Contador
shall be disqualifi ed as well as the results
obtained in all competitions he participated
in after 25 January 2011 when the ineligibility
period is decided to have begun.
F. Costs
Given that the parties agreed that the issue of the
fi ne to be imposed on Mr Contador in the event he
is sanctioned for an anti-doping rule violation shall
be dealt with by way of a separate award, the Panel
decides that the costs issue relating to the entire case
shall be addressed in that award.
Jurisprudence majeure / Leading cases
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