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8/3/2019 CAS-Urteil zu Jan Ullrich von Februar 2012 - Sperre
1/2
Tribunal Arbitral du Sport
JAN ULLRICH FOUND GU
COURT O
SUSPENSION OF TWO YE
Lausanne, 9 February 2012 Th
the arbitration between the Unio
& Swiss Olympic. The CAS ha
Ullrich guilty of a doping offen
period of ineligibility starting ret
the athlete on or after 1 May 200
In 2004, the Spanish Guardia Ci
documents and other materials
including evidence of possible d
June 2006 which made reference
2006, Jan Ullrich was suspende
from the 2006 Tour de France. O
UCI requested that Swiss Cyclin
new regulations adopted by Swis
Swiss Olympic, which decided o
On 22 March 2010, the UCI filrequesting the CAS to annul th
sanction Jan Ullrich with a li
achieved from 29 May 2002. A
by the CAS on 30 November
Romano Subiotto QC, United
Nater, Switzerland, was appointe
CAS jurisdiction, which was dis
CAS Panel heard the parties on t
in Lausanne.
Jan Ullrich raised several object
Panel dismissed all of them an
Court of Arbi
MEDIA RELEASECYCLING -DOPING
ILTY OF AN ANTI-DOPING RULE VI
F ARBITRATION FOR SPORT (CAS
RS AND ANNULMENT OF ALL RE
SINCE 1MAY 2005
e Court of Arbitration for Sport (CAS) has r
Cycliste Internationale (UCI) and the Ger
s partially upheld the appeal filed by the U
ce. As a consequence, Jan Ullrich is sancti
roactively on 22 August 2011. Furthermore,
until his retirement are annulled.
il opened an investigation called "Operation
were seized from the apartments of Dr.
ping offences by athletes. The Guardia Civil
to certain of the materials seized from the a
by his professional cycling team, T-Mobil
n 21 July 2006, T-Mobile dismissed Jan Ull
g open disciplinary proceedings against Jan
s Olympic, the case was transferred to the Di
20 May 2009 that it could not rule on this
ed a statement of appeal with the Court odecision of the Disciplinary Chamber of
etime suspension and retroactive disquali
eparate appeal was filed by Swiss Anti-dopi
011 due to lack of jurisdiction. A CAS P
ingdom (President), Prof. Ulrich Haas, G
d to hear this matter. Jan Ullrich raised an o
issed by the CAS Panel in a partial award
he merits of the case on 22 August 2011 at
ions relating to the procedure and to the ap
d determined that the UCI Rules were a
tration for Sport
LATION BY THE
:
ULTS ACHIEVED
ndered its decision in
an cyclist Jan Ullrich
CI and has found Jan
oned with a two-year
all results achieved by
Puerto" during which
Eufemiano Fuentes,
drafted a report on 27
partments. On 30 June
e, and was withdrawn
ich. Later in 2006, the
Ullrich. As a result of
sciplinary Chamber of
atter.
Arbitration for Sportwiss Olympic and to
ication of all results
ng which was rejected
anel composed of Mr
rmany, and Mr Hans
jection with respect to
of 2 March 2011. The
he CAS Headquarters
licable law. The CAS
plicable to this case.
8/3/2019 CAS-Urteil zu Jan Ullrich von Februar 2012 - Sperre
2/2
Tribunal Arbitral du Sport
For further information related to
Mr Matthieu Reeb, CAS Secretary
Switzerland. Tel: (41 21) 613 50 00;
Furthermore, the CAS Panel rule
proceedings against Jan Ullrich e
The CAS Panel also rejected a r
new decision, in the event the Pa
With respect to the merits, the
UCI showed that 1) Dr Fuentes
Ullrich travelled in the vicinity o
Fuentes' possession suggested th
more than 80'000.to Dr Fueanalysis confirmed that Jan Ullr
purposes found in the possessi
Ullrich did not question the ver
limiting his defence to procedura
Given the volume, consistency
failure of Jan Ullrich to raise any
came to the conclusion that Jan
of the UCI Anti-doping Rules.
Concerning the sanction, the CA
Jan Ullrich, considering that th
ingestion of amphetamines out-
and their presence constitutes an
in-competition. Therefore, the C
offence, given that the first vio
existing anti-doping rules. Acco
Ullrich, commencing on 22 Au
accordance with the UCI Rules,sporting events in which he com
Panel fixed the commencement
engaged with Dr Fuentes's dopin
The full award with the groun
decision).
Court of Arbi
the CAS activity and procedures in genera
General - Chteau de Bthusy, Avenue de Beau
fax: (41 21) 613 50 01, or consult the CAS web
d that it was possible, under the UCI Rules,
ven if the athlete was no longer a UCI licenc
quest by Jan Ullrich to refer the case back t
el were to uphold the appeal of the UCI.
AS Panel noted that the documentary evid
as engaged in the provision of doping serv
f Dr Fuentes operations on multiple occasio
t Jan Ullrich was in personal contact with h
ntes for services that have not been particulich's genetic profile matched blood bags re
n of Dr Fuentes. The Panel also expresse
city of the evidence or any other substanti
l issues.
nd probative value of the evidence presente
doubt about the veracity or reliability of su
llrich engaged at least in blood doping in vi
S Panel rejected the request of the UCI to im
first doping offence that he committed in
f-competition. Since 2002, amphetamines
anti-doping violation only if they are found
S Panel refused to consider Jan Ullrich gui
lation in 2002 would no longer constitute
rdingly, a period of ineligibility of two ye
ust 2011, which is the date of the CAS he
the CAS Panel has disqualified the resultspeted from 1 May 2005 until the time of hi
date at 1 May 2005 as it is established that
program at least from that date.
s is published on the CAS website (http://
tration for Sport
l, please contact either
mont 2, 1012 Lausanne,
ite: www.tas-cas.org
to initiate disciplinary
e-holder.
Swiss Olympic for a
ence presented by the
ices to athletes, 2) Jan
ns, and evidence in Dr
im, 3) Jan Ullrich paid
arized, and 4) a DNAdy for use for doping
its surprise that Jan
e aspect of this case,
d by the UCI, and the
h evidence, this Panel
olation of Article 15.2
pose a lifetime ban on
2002 was due to the
ave been reclassified
in an athlete's system
lty of a second doping
a violation under the
rs is imposed on Jan
aring. Furthermore, in
f Jan Ullrich from allretirement. The CAS
Jan Ullrich was fully
www.tas-cas.org/recent-