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The CAS advisory opinion on IOC Rule 45

The Court of Arbitration for Sport (CAS) gave its advisory opinion on 4 October 2011, regarding the validity of the "Regulations Regarding Participation in the Olympic Games - Rule 45 of the Olympic Charter” (known as the “Osaka Rule”).

The CAS stated that: "The IOC Executive Board’s June 27, 2008 decision prohibiting athletes who have been suspended for more than six months for an anti-doping rule violation from participating in the next Olympic Games following the expiration of their suspension is invalid and unenforceable."

In its Arbitral Award panel statement, the CAS acknowledges that “the IOC is bound by contract to comply” with the World Anti-Doping Code (8.22) and that the IOC “accepted the binding nature of the WADA Code” in its Rule 44 of the Olympic Charter (8.33). The Panel found that as a signatory to the Code, it is “required to follow all provisions of the WADA Code that are mandatory”, Article 10 of the Code on sanctions in particular (8.23). It is concluded that the IOC Regulation is not in compliance with the WADA Code and violates the IOC’s own Statutes, and therefore, it is invalid and unenforceable.

Please refer to:

CAS Media Release & Arbitral Award – http://www.tas-cas.org/en/infogenerales.asp/4-3-5325-1092-4-1-1/5-0-1092-15-1-1/
WADA statement – http://www.wada-ama.org/en/News-Center/Articles/WADA-Statement-on-CAS-Ruling-regarding-IOCs-Rule-45/
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