Roberto Gottarelli v. Fédération Equestre Internationale (FEI)

At a glance

Parties

Roberto Gottarelli (Italy) v. Fédération Equestre Internationale (FEI)

Case no.

CAS 2022/A/9024

Forum and rules

Court of Arbitration for Sport, appeal procedure; consent award under Article R56 of the CAS Code

Treaty

None. CAS jurisdiction arises from Article 12.3 of the FEI Equine Anti-Doping and Controlled Medication Regulations

Tribunal

Nicolas Cottier (Sole Arbitrator)

Sector

Equestrian sport; anti-doping (stanozolol)

Outcome

Consent award of 20 September 2022 ratifying the parties' settlement. The FEI Tribunal's 2-year suspension stands, but it is backdated to run from 3 October 2020 to 3 October 2022.

Amount

Fine of CHF 5 000 and CHF 2 000 towards the FEI Tribunal legal costs, both payable by Mr Gottarelli. He also bears any CAS procedural costs. Each party bears its own legal costs.

The dispute

Roberto Gottarelli is an Italian FEI Permitted Treating Veterinarian and the National Head Veterinarian of San Marino. A week before the CSI2* event in Oliva, Spain (29 September – 4 October 2020), he used the product Sungate, which contains stanozolol, on the horse HALO. The horse's sample then produced an adverse analytical finding for stanozolol, a Banned Substance. The FEI treated him as an Additional Person Responsible under Article 118.3 of the FEI General Regulations. It charged him with Presence and Use violations under Articles 2.1 and 2.2 of the Equine Anti-Doping Rules and provisionally suspended him from 9 March 2021. On 23 June 2022 the FEI Tribunal imposed a 2-year suspension. He appealed to CAS and asked for that decision to be set aside. The parties then settled: he admitted the violations and accepted the sanctions, and in return the suspension was backdated and the FEI agreed to take its decision off the FEI website once the suspension had been served.

Key holdings

1. CAS has jurisdiction under Article 12.3 of the FEI EAD Rules, which the parties did not dispute. The appeal was filed on time and is admissible under Articles R48 and R49 of the CAS Code. ¶¶ 18–19
2. Under Article R56 of the CAS Code and Swiss law, an arbitral tribunal seated in Switzerland may embody the parties' settlement in an award. Doing so gives the settlement res judicata effect and makes it easier to enforce. ¶¶ 21–22
3. The arbitrator must check that a settlement is made in good faith (bona fide): that it is not being used for fraud and that its terms do not breach public policy or mandatory law. Here the Sole Arbitrator was satisfied that the settlement was bona fide. ¶¶ 23–24
4. Mr Gottarelli admits the violations of Articles 2.1 and 2.2 EADR and bears Fault and Negligence. Under Article 10.2 EADR he receives a 2-year period of Ineligibility. Because of delays not attributable to him (Article 10.13.2 EADR), the period is backdated to sample collection: it runs from 3 October 2020 to 3 October 2022. The violation counts as a prior violation for Article 10.9 (Multiple Violations). Operative part, ¶ 1
5. On money and costs, Mr Gottarelli pays a fine of CHF 5 000 and CHF 2 000 in FEI Tribunal legal costs, and bears any CAS procedural costs. Each party bears its own legal costs. The case is struck from the CAS roll and all other prayers for relief are dismissed. Operative part, ¶¶ 1–3, 6

Procedural history

1. 29 September – 4 October 2020CSI2* event in Oliva, Spain. The horse's sample is collected; the award gives the date as 3 October 2022 in places, but the backdating terms use 3 October 2020.
2. 9 March 2021The FEI notifies Mr Gottarelli of violations of Articles 2.1 and 2.2 EADR and provisionally suspends him.
3. 17 May 2022Final hearing before the FEI Tribunal.
4. 23 June 2022The FEI Tribunal imposes a 2-year suspension.
5. 14 July 2022Mr Gottarelli files his Statement of Appeal with CAS.
6. 18 August 2022The FEI submits the Settlement Agreement, dated 17 and 18 August 2022, and asks for a consent award. The parties jointly nominate Nicolas Cottier as Sole Arbitrator; CAS confirms his appointment on 22 August (the award prints the year as 2020).
7. 20 September 2022Consent award ratifying the Settlement Agreement.

Tribunal, counsel and experts

Decided by

• Nicolas Cottier Sole arbitrator, Court of Arbitration for Sport — appointed by the parties jointly

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Keywords

• consent award
• settlement agreement
• Article R56 CAS Code
• equine anti-doping
• stanozolol
• Sungate
• Additional Person Responsible
• veterinarian
• FEI Equine Anti-Doping Rules
• backdating of ineligibility
• delays not attributable
• Article 10.13.2 EADR
• provisional suspension
• bona fide settlement
• res judicata
• equestrian
• HALO

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