On 31 May 2010, the Court of Arbitration for Sport (CAS)
partially upheld appeals by the International Cycling Union (UCI)
and the World Anti-Doping Agency (WADA) against the Spanish Cycling
Federation (RFEC) and the Spanish champion cyclist Alejandro
This matter arose as a result of the Spanish criminal
investigation concerning the international doping scandal known as
Operación Puerto. On 29 August 2007, the UCI requested the
RFEC to initiate disciplinary proceedings against Valverde on the
basis of the evidence gathered within the Operación Puerto
proceedings. On 7 September 2007, the RFEC denied the UCI's
request and refused to open disciplinary proceedings. Both the UCI
and WADA filed an appeal with CAS, requesting that Valverde be
found guilty of an anti-doping rule violation and that a two year
suspension be imposed.
While those proceedings were pending, the Italian authorities
opened disciplinary proceedings against Valverde on the basis of
evidence which they had in their possession. On 11 May 2009, the
Italian National Olympic Committee ("CONI") Anti-Doping
Tribunal (TNA) ruled that Valverde had committed "use, or
attempted use of a prohibited substance or a prohibited
method" and, as a consequence, the athlete was banned for two
years from participating in events organised under the auspices of
CONI or related national sports organisations in Italy. Valverde
appealed the TNA decision to the CAS.
On 16 March 2010, the CAS confirmed the Italian two year ban
issued by the TNA. And on 31 May 2010, the CAS upheld UCI's and
WADA's appeals of the RFEC decision and banned Valverde from
competition internationally for two years.
These matters brought together Spanish, Italian, Swiss,
international, constitutional, criminal and sports law and were
followed very closely by the cycling world. The decisions are
published on the CAS website at http://www.tas-cas.org/news
Ogilvy Renault LLP represented WADA before the Court of
Arbitration for Sport in both Valverde matters, with a team
comprised of Stephen L. Drymer and Emmanuelle Demers.
About Ogilvy Renault
Ogilvy Renault LLP is a full-service law firm with close to 450
lawyers and patent and trade-mark agents practicing in the areas of
business, litigation, intellectual property, and employment and
labour. Ogilvy Renault has offices in Montréal, Ottawa,
Québec, Toronto, and London (England), and serves some of
the largest and most successful corporations in Canada and in more
than 120 countries worldwide. Find out more at
Voted best law firm in Canada two years in a row.
2008 and 2009 International Legal Alliance Summit & Awards.
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