CAS will not hear Ullrich appeal

The outcome of the UCI appeal however will be known in six weeks [GALLO/GETTY]

The Court of Arbitration for Sport (CAS) does not have the jurisdiction to rule on an appeal by the Swiss Anti-Doping agency that could lead to a life ban for former cyclist Jan Ullrich, the body said on Wednesday.

The CAS would, however, rule on a separate appeal by the International Cycling Union (UCI) over the former Tour de France winner’s implication in the Operation Puerto blood-doping scandal, it said in a statement.

“In the two appeal cases regarding the former German cyclist Jan Ullrich, the Court of Arbitration for Sport has rendered its first decision in the procedure between Swiss Anti-Doping and Jan Ullrich.

The CAS found it does not have jurisdiction,” CAS said.

Appeal

The Swiss agency had appealed to CAS to overturn a decision by Switzerland’s Olympic Committee not to open disciplinary proceedings against Ullrich, a Swiss resident, over doping allegations.

“The first CAS decision does not prejudge the forthcoming decision in the arbitration procedure between the International Cycling Union, Jan Ullrich and Swiss Cycling,” the statement added, saying a decision would be made in approximately six weeks.

“Jan is disappointed there was no decision today and that he needs to wait six weeks longer,” Ullrich’s media advisor Falk Nier told reporters.

The Operation Puerto scandal broke in 2006, when Spanish police launched raids that uncovered more than 200 code-named blood bags, some of which were linked to cyclists.

The 37-year-old Ullrich, who retired in 2007, became the first German to win the Tour de France in 1997.

He has denied being implicated in the scandal.

Legal issues

CAS said it could not rule on the first appeal because Ullrich, who had a Swiss licence from 2005 to 2006, and Swiss Anti-Doping, who were created in 2008, could not be linked legally.

“The CAS Panel noted that the written agreement signed by Jan Ullrich at the time of his request for a licence at Swiss Cycling related solely to the regulations of UCI, Swiss Cycling and Swiss Olympic,” the statement said.

“At that time, Swiss Anti-Doping did not yet exist. Furthermore, the amendments of Swiss Olympic on 1 July 2008 establishing the creation of Swiss Anti-Doping in replacement of the former Anti-Doping Panel of Swiss Olympic could not be opposed to Jan Ullrich, considering that he was no longer a member of Swiss Cycling as from 19 October 2006.”

In addition to his Tour triumph, Ullrich finished second in the world’s greatest race on five occasions, three times behind seven-times champion Lance Armstrong.

Ullrich, the 2000 road race Olympic champion, also won the Vuelta in 1999, the year he claimed the first of two time-trial world titles.

He won the white jersey for the best under-25 rider on the Tour three years in a row from 1996.

With his name linked to the Operation Puerto scandal, Ullrich was barred from starting the Tour de France in 2006 and was then fired by his T-Mobile team although he denied he had links with Eufemiano Fuentes, the doctor at the heart of the investigation.