CAS-Urteil zu Jan Ullrich von Februar 2012 - Sperre

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  • 8/3/2019 CAS-Urteil zu Jan Ullrich von Februar 2012 - Sperre

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    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

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    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-