CAS 2012/A/3055 Riis Cycling A/S v. the Licence Commission of the UCI
Related case:
CAS 2011/A/2384 UCI vs Alberto Contador Velasco & RFEC
CAS 2011/A/2386 WADA vs Alberto Contador Velasco & RFEC
February 6, 2012
On 17 March 2011, at the meeting of the UCI Professional Cycling Council (PCC) in Milan, the point scale used to measure the 2012 sporting value was approved and a proposal for a so-called Neutralisation Rule with respect to the sporting value of riders returning from a two-year ban for doping violations was presented.
At the seminar for teams in Brussels in April 2011, participants were informed that there could be a modification of the 2012 sporting criteria, should the Neutralisation Rule be adopted. In a letter dated 29 June 2011, the UCI informed the teams of the above modification and advised them that the modification was “effective immediately”.
On 12 August 2011, the Riis Cycling applied for a WorldTour Licence for the year 2012. This licence was granted on 18 November 2011 by the UCI Licence Commission.
On 6 February 2012, the CAS imposed a two-year period of ineligibility on the Cyclist Alberto Contador, ending on 5 August 2012. In addition, Alberto Contador was disqualified from all competitions he participated in as from 25 January 2011.
On 14 August 2012, Riis Cycling applied for a WorldTour licence for the Team Saxo-Tinkoff beginning in January 2013. Among the documents considered by the UCI Licence Commission was the “UCI Team Evaluation Report 2013”. The report notes the team’s position as 20th in the sporting hierarchy on 21 October 2012.
The detailed report includes a comparison of the riders’ performances in 2011 and 2012, an analysis of which riders accounted for what percentage of the earned points and an analysis of the points earned.
In particular, the case of Alberto Contador is mentioned in the report. Alberto Contador’s point were neutralised during two years. His points were accounted for more than 65% of the team’s points.
In January 2013 Riis Cycling appealed the decision of the UCI Licence Commission with the Court of Arbitration for Sport (CAS). Riis Cycling requested CAS:
1.) “To set aside the argument of the License Commission in its reasons from 21 December 2012 that Team Saxo-Tinkoff is ranked 20th in the sports evaluation as part of calculating teams Sporting Value according to Art. 2.15.11a of the UCI rules and confirms that Team Saxo-Tinkoff is rightfully ranked 19th in the sports evaluation.
2.) To ask the License Commission to set aside the practice of the License Commission (based on the request of the UCI World Tour) to use the Neutralisation Rule in connection with riders, who have committed their doping offense on or before June 29, 2011.
3.) To condemn the License Commission of the UCI to pay all the arbitration costs, if any, and to pay a substantial contribution towards the legal fees of Riis Cycling.”
The CAS Panel concludes that Riis Cycling has not suffered any harm as the result of having been ranked 20th instead of 19th.
The Panel also concludes that Riis Cycling has standing to appeal in relation to its request to set aside the practice of the UCI Licence Commission of applying the Neutralisation Rule in connection with riders who have committed a doping offense on or before 29 June 2011. The Panel finds that the Neutralisation Rule is to be qualified as a sanction. The effect of the Neutralisation Rule is similar to a boycott, that it is clearly a sanctioning device directed against the athlete and that it impact the team’s freedom to contract and choose the riders it want. The Panel finds that the Neutralisation Rule should not be applied and Riis Cycling’s second appeal is therefore be granted.
On these grounds the Court of Arbitration for Sport Panel rules:
1.) The requests to set aside the argument of the Licence Commission in its reasons from 21 December 2012 that the team is ranked 20th in the sports evaluation and to confirm that Team Saxo-Tinkoff is rightfully ranked 19th in the sports evaluation are dismissed.
2.) The request to set aside the practice of the License Commission (based on the request of the UCI World Tour) of using the Neutralisation Rule in connection with riders who have committed their doping offense on or before June 29, 2011 is granted.
3.) (...)
4.) (...)
5.) All further and other claims for relief are dismissed.
