CAS 2023/A/10025 & CAS 2023/A/10227 Simona Halep v. ITIA 

CAS 2023/A/10025 & CAS 2023/A/10227 Simona Halep v. ITIA 

11.03.2024

An important decision was recently issued by CAS on the appeal of Ms Halep against the first instance decision of the ITF Independent Tribunal, which had imposed four years of ineligibility on the famous tennis player (CAS 2023/A/10025 and CAS 2023/A/10227 Simona Halep v. ITIA).

The Athlete was charged for the detection of a prohibited substance in a urine sample and the established use of a prohibited substance on the basis of an ABP (based on a blood sample provided on 22.09.2022).

About the detection of the prohibited substance in her urine sample (art. 2.1 TADP) the Athlete managed to establish that the prohibited substance entered her body through the consumption of a contaminated product and that the ADRVs were not intentional. Under this consideration, the Panel determined that she did not exercise sufficient care when using the contaminated product, but her fault or negligence was not significant.

As regards the alleged use of a prohibited substance (art. 2.2 TADP) based on the ABP, the charge was dismissed by the Panel. The Panel was not comfortably satisfied that the ADRV had occurred, considering several factors which impacted the possibility of the doping scenario relied upon by the ITF Independent Tribunal.

The decision of the ITF Independent Tribunal was set aside and her sanction was reduced to 9 months of ineligibility, which has already been served.

The CAS media release is available here:
https://www.tas-cas.org/en/general-information/news-detail/article/cas-upholds-the-appeal-filed-by-simona-halep-and-reduces-her-period-of-ineligibility-from-4-years-to/