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International Arbitration Forum

Nairo Alexander Quintana Rojas v. Union Cycliste Internationale (UCI)

Case summary

At a glance

Parties
Nairo Alexander Quintana Rojas (Colombia) v. Union Cycliste Internationale (UCI)
Case no.
CAS 2022/A/9113
Forum and rules
Court of Arbitration for Sport, appeal under the Code of Sports-related Arbitration (2021 edition); Article 13.3.070 d) of the UCI Medical Rules
Instrument
UCI Medical Rules (Part XIII of the UCI Cycling Regulations), In-Competition Prohibition of Tramadol; UCI Technical Rules on Tramadol
Panel
James Drake KC (President), Juan Pablo Arriagada, Olivier Carrard
Sector
Cycling (road); tramadol control
Outcome
Appeal dismissed. The disqualification from the 2022 Tour de France and the other sanctions stand (operative part 3 November 2022; reasoned award 5 June 2023).
Amount
Sanctions upheld: disqualification of all 2022 Tour de France results, a fine of CHF 5000, and reimbursement of the costs of both tramadol controls. The award was pronounced without costs, except the CAS Court Office fee, which the Rider had paid and CAS retains.

The dispute

Nairo Quintana, a Colombian road cyclist, finished sixth in the 2022 Tour de France. He gave dried blood samples after stages 7 and 11 (8 and 13 July 2022). The International Testing Agency (ITA) collected the samples for the UCI. The Laboratory of Clinical Pharmacology and Toxicology in Geneva (LCPT) analysed them, and the University of Lausanne's anti-doping research centre (REDS) reviewed the results. Both samples showed tramadol and its metabolites. By decision of 17 August 2022, the UCI Medical Director found an infringement of the in-competition ban on tramadol in the UCI Medical Rules. He disqualified all of Quintana's Tour results, fined him CHF 5000 and ordered him to repay the costs of the controls. Quintana appealed to CAS on several grounds: the Medical Rules were non-binding; the control was really an anti-doping measure, which only WADA could impose; there was no B sample; the laboratory was not WADA-accredited; he was not heard before the decision; and the tests were incomplete because the rules required tramadol and both of its main metabolites to be detected. The UCI argued that the ban is a health and safety measure, separate from anti-doping rules, and that the analyses established the presence of tramadol and both metabolites.

Key holdings

  1. The UCI Medical Rules bind the Rider. They are part of the UCI Cycling Regulations, which he accepted by requesting a licence. The fact that they reproduce the non-binding Olympic Movement Medical Code does not change this. ¶¶ 55–59
  2. The tramadol control is a medical, health and safety measure, not an anti-doping rule. International federations have a margin of appreciation on riders' health and safety. WADA is not the sole authority that can ban a substance, and WADA has confirmed in writing that the UCI Medical Rules are not anti-doping rules. The fact that the ITA carries out the controls does not change their nature. The 10-day appeal period does not make the rules invalid. ¶¶ 61–62
  3. The UCI has no obligation to provide for a B sample or to use a WADA-accredited laboratory. The UCI Technical Rules on Tramadol require only a laboratory designated by the UCI Medical Director that uses the validated method. ¶¶ 65–68
  4. The right to be heard was not breached. In presence cases, Article 13.3.070(a) does not require the Medical Director to hear the rider first. Article 13.3.070(b) applies only to non-analytical infringements, and even there the word 'may' makes the invitation discretionary. Any defect was cured by the de novo CAS hearing. ¶¶ 70–74
  5. Under Article 13.3.068(a), the infringement requires the presence of tramadol and/or its metabolites. In any event, all three compounds were present: N-desmethyltramadol was above the limit of detection (2 ng/mL) but below the limit of quantification (5 ng/mL). ¶¶ 85–88, 100
  6. The tests were not 'incomplete'. The missing summary table of relative abundances did not affect reliability, because the data could be retrieved from the graphs. Under the Technical Rules, the Rider had to show that a departure caused the positive results, and he did not try to do so. The Panel was comfortably satisfied that tramadol was taken in-competition and that Article 13.3.068(a) was infringed. ¶¶ 102–108
  7. The sanctions for a first infringement under Article 13.3.069(1) stand: disqualification, a fine of CHF 5000 and reimbursement of the control costs. The appeal is dismissed. The award is without costs, except the CAS Court Office fee. ¶¶ 111–114; operative part

Procedural history

  1. 8 and 13 July 2022Dried blood samples are collected after stages 7 and 11 of the 2022 Tour de France.
  2. 16 August 2022REDS reports to the UCI Medical Director that both samples contain tramadol and its metabolites.
  3. 17 August 2022The UCI Medical Director finds an infringement. He disqualifies the Rider's Tour de France 2022 results, fines him CHF 5000 and orders him to repay the control costs.
  4. 26 August 2022Statement of Appeal filed with CAS. The Appeal Brief follows on 7 September 2022 and the UCI's Answer on 29 September 2022.
  5. 5 October 2022The Panel is constituted.
  6. 12 October 2022Hybrid hearing.
  7. 3 November 2022Operative part of the award: appeal dismissed.
  8. 5 June 2023Reasoned award issued.

Tribunal, counsel and experts

Decided by
For the claimant
Fabio Pavone · Andrės Charria
For the respondent
Antonio Rigozzi · Marie Gachet
Experts
Alberto Salomone (claimant) · Jean-Luc Veuthey (respondent) · Francesco Botré (respondent) · Raphaël Faiss (respondent)

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Keywords

Summary generated with AI from the published documents — refer to the award for the authoritative text.

Case ID
CAS 2022/A/9113
Claimant
Nairo Alexander Quintana Rojas
Respondent
Union Cycliste Internationale (UCI)
Documents

Procedure: Appeal
Sport: Cycling
Matter: Doping
Outcome: Dismissed
Panel: Olivier Carrard, Juan Pablo Arriagada Aljaro, James Drake
Source: Court of Arbitration for Sport case database.