Setback for Pechstein and relief for CAS as German court denies jurisdiction in dope ban case
MUNICH: Olympic skating champion Claudia Pechstein has lost the latest round in her fight against the fall-out from a doping ban.
The German Federal Court of Justice decided that the German legal system had no jurisdiction in her complaints against the International Skating Union and, along the way, the Court of Arbitration for Sport.
CAS had rejected her initial appeal against her suspension and she then sought a financial compensation from the German courts while contesting the credibility of sport’s spreme court.
The five-time Olympic champion was seeking more than €4m in damages from the ISU after it banned her for two years in 2009 over irregular blood results, although the German never failed a drug test.
She insisted, providing extensive scientific data, that she had a hereditary blood condition that her father also had, and vowed after Tuesday’s decision to fight on at Germany’s Federal Constitutional Court.
Her case had been seen as a litmus test – a win potentially would have triggered a flood of doping cases being challenged in domestic courts around the world and eroding the position of CAS.
CAS said: “This means that the German courts have no jurisdiction to revisit a final CAS decision. It is also confirmation that the CAS arbitration clauses inserted in the regulations of sports organizations are valid.
“More importantly, the Federal Court of Justice has emphasized that CAS is a genuine arbitration tribunal in the sense of German law, and that such sports jurisdiction is necessary for the uniformity in sport.”
The Federal Court of Justice, Germany’s highest for civil and criminal jurisdiction, said an arbitration agreement between her and the ISU at the time she tested positive, which ruled out taking the case to a domestic court, was valid.
“The anti-trust division of the Federal Court of Justice did not follow the argumentation of the plaintiff,” it said in a statement. “It decides that her suit is inadmissible as it is opposed by the defence of the arbitration agreement.”
The CAS rejected her appeal as did the Swiss Federal Tribunal. However, a Munich court said in 2015 it would allow the 44-year-old Pechstein to go ahead with a lawsuit.
The skater said she would now take the case to the next stage. “Despite this verdict I am not considering giving up,” she wrote on her website. “The battle for justice will be continued at the Federal Constitutional Court.”
Pechstein, who missed the 2010 Vancouver Olympics due to the ban, competed at the 2014 Sochi Games, narrowly missing out on medals in the 3,000m and 5,000m.
The athlete has said she wants to compete at the 2018 winter Olympics in Pyeongchang in what would be her seventh Games.
The world footballers’ union FIFPro, which gave financial help to Pechstein, said her case had highlighted “structural and procedural deficits” at CAS.
FIFPro said: “FIFPro calls on CAS and other sport stakeholders to work with player and athlete unions to ensure a proper structural representation and absolute impartiality of its tribunals and administrations.”
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