On 12 October 2015, WADA filed a statement of appeal at the CAS challenging the FIS Doping Panel’s decision and requesting that it be set aside. The arbitration was referred to a panel of CAS arbitrators who held a hearing on 25 and 26 May 2016.
The arbitration centred on the athlete’s administration of his asthma medication, salbutamol, with the use of a nebulizer. In its decision, the CAS Panel found that the method of ingestion (i.e. inhalation) must be distinguished from other forms of administration such as ingestion or injection, and that the dosage allowed under the FIS Anti-Doping Regulations must be understood as the prescribed “labelled” dosage. Any use of salbutamol with a nebulizer beyond such “labelled” dose, without a Therapeutic Use Exemption (TUE), constituted an anti-doping rule violation.
In determining the sanction, the Panel found that there was medical justification for the athlete’s use of salbutamol, that his degree of fault was light and therefore warranted the imposition of a suspension shorter than the standard measure for such cases, in this instance, a two-month period of ineligibility.
Furthermore, pursuant to the FIS rules, the results achieved in the competition concerned shall always be disqualified by the hearing panel with no exception, irrespective of an athlete’s light degree of fault, as is the case involving Mr. Sundby.
The full award is published on the CAS website.