TAS 2022/A/9083 Agence Mondiale Antidopage (AMA) c. Agence Française de Lutte contre le Dopage (AFLD) & Jules Boscq
- Hockey sur glace
- Dopage (tuaminoheptane)
- Etendue du pouvoir d’examen du TAS en matière de sanction
- Détermination du degré de faute d’un athlète
- Application de la méthode d’évaluation du degré de faute à la version 2021 du CMA
- Eléments subjectifs d’évaluation du degré de faute
- Prescription d’un médicament par un médecin
- Application du principe de proportionnalité
In January 2022 the French Anti-Doping Agency (AFLD) reported an anti-doping rule violation against the ice hockey player Jules Boscq (19) after his sample tested positive for the prohibited substance Tuaminoheptane. The Athlete demonstrated that he suffered from a severe cold and that he had used prescribed Rhinofluimucil that contained Tuaminoheptane.
Consequently on 22 June 2022 the Athlete accepted a sanction of 2 months. The AFLD deemed that the violation was not intentional and that he acted with No Significant Fault or Negligence.
Hereafter in August 2022 the World Anti-Doping Agency (WADA) appelaed the AFLD Decision with the Court of Arbitration for Sport (CAS). WADA requested to set asided the Appealed Decision and to impose a more severe sanction.
WADA accepted that the Athlete's violation was not intentional. Yet, it contended that the Athlete acted with a normal degree of fault and that accordingly an approproate sanction must be imposed.
WADA argued that the Athlete acted negligently because he failed to check his prescribed medication. The Athlete could not simply rely on the advice of his doctor and a simple internet search would reveal that the medication contained a prohibited substance.
The AFLD and the Athlete requested the Panel to uphold the Appealed Decision. They argued that there were sufficient grounds for the imposition of the sanction of two months.
The Panel assessed and addressed the evidence in this case and determines by majority that:
- The Athlete committed an anti-doping rule violation.
- The violation was not intentional.
- He demonstrated the source of the prohibited substance.
- His sports doctor erroneously prescribed the Rhinofluimucil that contained Tuaminoheptane.
- The Athlete failed to check his medication for prohibited substances.
- He acted with a normal degree of fault or negligence.
- There are grounds for an appropriate severe sanction.
Therefore the Court of Arbitration for Sport decides on 31 October 2023 that:
1.) The appeal filed by WADA is admissible.
2.) The Appealed Decision of 22 June 2022 rendered by the AFLD is annuled.
3.) Mr. Jules Boscq committed an anti-doping rule violation.
4.) Imposed on the Athlete is a period of ineligibility of 14 months starting on the date of the notification. The Athlete is credited for the time already served between 22 June 2022 and 22 August 2022.
5.) (...)
6.) (...)
7.) (...)
