Arbitral Award
CAS 2002/A/374 Muehlegg v/IOC ARBITRAL AWARD delivered by the COURT OF ARBITRATION FOR SPORT sitting in the following composition: President: Prof. Richard H. McLaren, Barrister-at-law, London, Canada Arbitrators: Dirk-Reiner Martens, Attorney-at-law, Munich, Germany Jean-Pierre Morand, Attorney-at-law, Geneva, Switzerland Ad-hoc Clerk: James Bunting, Articling Student -at-law, Toronto, Canada in the arbitration between Mr. Johann MUEHLEGG, Spain - Appellant - Represented by Marcos de Robles and Elisabeth de Nadal, Attorneys-at-law, Barcelona, Spain and INTERNATIONAL OLYMPIC COMMITTEE (IOC), Lausanne, Switzerland - Respondent - Represented by Jan Paulsson and Zachary Douglas, Attorneys-at-law, Paris, France * * * * * * * * * * CAS 2002/A/374 page 2 I. PARTIES CONCERNED 1.1 The Appellant, Johann Muehlegg (“Muehlegg”) was selected by the Spanish Olympic Committee to compete for Spain at the Winter Olympic Games in Salt Lake City (“Games”) as a cross-country skier. 1.2 The Respondent, the International Olympic Committee ("IOC"), is the Supreme Authority of the Olympic Movement and was the organiser of the Winter Olympic Games held in Salt Lake City, USA and has its seat in Lausanne, Switzerland. II. FACTS 2.1 Muehlegg competed in the Men's 30 km Free Mass Start (February 9, 2002), the Men's 10 km Free Pursuit (February 14, 2002) and the Men's 50 km Classical (February 23, 2002). Muehlegg placed first in all three events acquiring Spain's only medals of the Games. 2.2 On 21 February 2002, the Appellant was requested to, and did provide, an out-of- competition urine and blood sample. The samples were tested by the on-site laboratory (hereinafter referred to as "SLC Lab”).
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