Facts
The appellant, a professional cyclist residing in [U.], was already tested positive for testosterone in June 2007. In February 2011, human growth hormone (hGH) was detected in him during a competition in Lugano, which is considered a prohibited substance under the rules of the Union Cycliste Internationale (UCI). The National Anti-Doping Agency Germany (NADA) then initiated arbitration proceedings against the appellant and demanded his punishment for repeated doping offenses.
The arbitral tribunal of the German Institution for Arbitration (DIS) dismissed NADA's claim in June 2012. NADA appealed the decision to the Court of Arbitration for Sport (CAS). With the arbitral award of 21 February 2014, CAS partially upheld NADA's appeal, set aside the decision of the DIS arbitral tribunal and imposed an eight-year ban and a fine on the appellant.
Considerations
The Federal Supreme Court dismissed the athlete's appeal against the CAS arbitral award. It stated that the arbitral tribunal had not violated the appellant's right to be heard by, for example, not allowing the bio-marker test requested by him to analyze the sample or by not considering his expert opinion on the Hanley report. There was also…