CAS 2010/A/2070 Antidoping Schweiz v/Jan Ullrich
Related cases:
- CAS 2010_A_2083 UCI vs Jan Ullrich & Swiss Olympic
February 9, 2012 - CAS 2010_A_2083 UCI vs Jan Ullrich & Swiss Olympic - Partial Award
March 2, 2011
Jan Ullrich, is a German former professional road cyclist resident in Switzerland. Among other achievements, Ullrich was the winner of the 1997 Tour de France and the gold medalist in the men’s individual road race at the Sydney 2000 Summer Olympic Games. Prior to the events in question in 2006, Ullrich was a member of the T-Mobile professional cycling team, a member of Swiss Cycling, and a UCI license-holder.
In 2004, the Spanish Guardia Civil and the Investigating magistrate no. 31 of Madrid opened an investigation that has come to be known as “Operation Puerto.” Pursuant to this investigation, on May 23, 2006 searches were carried out on two Madrid apartments belonging to a Spanish physician, Dr. Eufemiano Fuentes. Documents and other materials were seized from the apartments, including evidence of possible doping offences by athletes.
The Guardia Civil drafted a report (Report no 116) dated June 27, 2006, which made reference to certain of the materials seized from the apartments and showed that the Athlete had contact with Dr Fuentes. As a consequence of Report no 116 the International Cycling Union (UCI) requested Swiss Cycling to open disciplinary proceedings against the Athlete. In October 2006 the Athlete resigned his membership from Swiss Cycling and announced his retirement from professional cycling.
On 20 May 2009, Antidoping Switzerland requested the opening of a disciplinary procedure against Jan Ullrich arguing a violation of anti-doping regulations by the athlete and requesting a life ban against him. However on 30 January 2010, the Disciplinary Chamber of Swiss Olympic found it does not have jurisdiction and rejected the request.
Thereupon Antidoping Switzerland filed an appeal with the CAS on 1 March 2010 in order to request the annulment of the decision of the Disciplinary Chamber and that a life ban be imposed on Jan Ullrich. The CAS arbitration was interrupted by several procedural incidents which delayed this matter significantly.
The CAS Panel deemed that it did not have jurisdiction to rule on the request of Antidoping Switzerland, taking into account the absence of a valid arbitration agreement between Antidoping Switzerland and Jan Ullrich to refer their dispute to the CAS.
The CAS Panel noted that the written agreement signed by Jan Ullrich at the time of his request for a licence at Swiss Cycling in November 2005 related solely to the regulations of UCI, Swiss Cycling and Swiss Olympic.
At that time, Antidoping Switzerland did not yet exist. Furthermore, the amendments to the Statutes of Swiss Olympic on 1 July 2008 establishing the creation of Antidoping Switzerland in replacement of the former Anti-doping Panel of Swiss Olympic could not be opposed to Jan Ullrich, considering that he was no longer a member of Swiss Cycling as from 19 October 2006.
Therefore the Court of Arbitration for Sport (CAS) decides on 30 November 2011:
1.) the appeal filed by Antidoping Swizerland on 1 March 2010 against Jan Ulrich is dismissed because of the lack of an arbitration agreement between the parties.
2.) (...)
