Pechstein ban lawsuit denied
Print Edition
OLYMPIC speedskating champion Claudia Pechstein’s damages claim against the International Skating Union over a doping ban was ruled as inadmissible by a German court yesterday, dealing her years-long efforts for compensation a crushing blow.
The Federal Court of Justice decided the domestic courts should not hear her case after the Court of Arbitration for Sport, considered the highest sports tribunal, had rejected her appeal over the ban.
The five-time Olympic champion was seeking 4 million euros (US$5 million) in damages from the ISU after it banned her for two years in 2009 over irregular blood results, although the German never failed a drugs test.
The Berlin-born policewoman insisted, providing extensive scientific data, that she had a hereditary blood condition that her father also had.
Her case had been seen as a litmus test, with a win potentially triggering a flood of doping cases being challenged in domestic courts around the world and eroding the position of CAS. She vowed to fight on at the Constitutional Court.
The Federal Court, 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 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, the Federal Constitutional Court.
Pechstein, who missed the 2010 Vancouver Games due to the ban, competed at the 2014 Sochi Olympics, narrowly missing out on medals in the 3,000 meters and 5,000.
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