The German National Anti-Doping Agency will ask the Court of Arbitration for Sport to review whether the black light treatment of blood was a doping violation when it occurred before January 1, 2011. The German Sport Court (DIS) ruled that it was not a violation and dismissed charges against two unnamed cyclists, one of whom is believed to be Marcel Kittel of Argos-Shimano.
Kittel has admitted that in 2008, when he was 18 years old, he had visited Dr. Andreas Franke at the Olympic support site in Erfurt, Germany, and underwent blood treatments. Franke treated a number of athletes in various disciplines by withdrawing blood, treating it with black light and then re-infusing it. Such a manipulation may be considered blood doping, but it is not known whether it would give any benefit.
The DIS ruled earlier this month that these actions, when taken before January 1, 2011, were not a violation of anti-doping rules. The NADA is now appealing that decision, to clarify the legal situation.
The German sport court's decision sets a precedent, but that doesn't mean that we agree with it,” said the NADA's chief legal advisor, Dr. Lars Mortsiefer. “We now want to have legal certainty on an international level for actions taken in the time period before 2011.”
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