Rivista di Diritto ed Economia dello Sport - Rdes.it

CAS 2005/C/976 & 986, FIFA & WADA 227further banned from taking part in future matches or competition or to attendin the area immediately surrounding the field of play. Thus, a suspendedfootball player is banned from actively participating in football matches orcompetitions but not from participating or competing in other sports (or fora ban of suspended other athletes who desire to be admitted as footballerplayers during their suspension in other sports). The Panel doubts whetheranother federation would allow an athlete who has been banned because ofa violation of the FIFA Anti-Doping Rules to compete in that other sport.Likewise, it seems improbable that an athlete banned by another sportsfederation because of a doping offense will be admitted to football activitiesgoverned by FIFA.3.10.8 Disqualification of Results in Competitions Subsequent to SampleCollection (Article 10.7 WADC)106 Art. 10.7 WADC provides that all competitive results from the date ofthe doping offense until the commencement of the suspension shall bedisqualified unless fairness requires otherwise.107 No such provision is contained in the FIFA Anti-Doping Rules.However, it would be difficult to apply this rule only to an individual memberof a team. The Panel finds therefore that art. 10.7 WADC is consummatedby art. 11 WADC which leaves it to FIFA to determine the consequences ofan individual anti-doping rule violation to the team.3.10.9 Commencement of Ineligibility Period (Articles 10.8 WADC)108 Under art. 10.8 WADC, the ineligibility period shall begin at the dateof the hearing decision, unless fairness requires taking delays in the hearingprocess into consideration. Provisional suspensions shall be credited againstthe total suspension.109 Under the FIFA Anti-Doping Rules, the sanctions become effectiveonly upon the date on which the decision of the sanctioning body becomesfinal and enforceable. Art. 133 FIFA DC allows the chairman of the competentsanctioning body to impose a provisional suspension if this measure is deemedappropriate.110 The Panel finds that the rules on the commencement of the ineligibilityperiod are not substantially different.3.10.10 Reinstatement Testing (Article 10.10 WADC. Article 63 FIFA DC)111 According to art. 10.10 WADC, a suspended athlete must make himselfavailable for testing and provide whereabouts information during the wholeineligibility period. The wording of the WADC does not require that asuspended athlete must also be tested before regaining eligibility to participate.Art. 63 FIFA DC provides that FIFA may order a player to undergo further