CAS case: a clarification for ISSF Member Federations
The ISSF has informed its Member Federations about the CAS decision regarding the “Luciano Rossi v. ISSF” case.
Guilty or not guilty? ISSF clarification in connection with the CAS decision regarding the “Luciano Rossi v. ISSF” case:
On 1 June 2018 Luciano Rossi filed a formal appeal against the Decision of the ISSF Ethics Committee dated 27 April 2018.
The Appellant (Luciano Rossi) requested the following for relief:
a) that the Decision be set aside and he be acquitted of all the charges;
b) that the ban, suspension and the fine against him be removed or alternatively, significantly reduced;
c) that the ISSF Executive Committee dismiss the Ethics Committee;
d) that he be found to have been harmed and unfairly treated by the ISSF in order to prevent him from being a candidate at the next presidential election;
e) that the ISSF pay EUR 45.000 to Mr. Rossi; and
f) that the ISSF pay in full or by the way of a contribution the costs and legal fees of the present proceedings and those before the ISSF Ethics Committee.
The Respondent (the ISSF) requested the following for relief:
- Dismiss Mr Rossi’s prayers for relief;
- Confirm the Decision of the Ethics Committee;
- Order Mr Rossi to pay costs of these proceedings; and
- Order Mr Rossi to pay a significant contribution towards the legal fees and other expenses incurred by the ISSF in this appeal.
After conducting a hearing on 29 August 2018 the CAS ruled:
To modify the decision rendered by the ISSF Ethics Committee as follows:
(i) Mr Luciano Rossi is held responsible for serious breaches of Article 2.2.1 (Conflict of Interest) and Article 2.1.3 (Loyalty) of the Code of Ethics of the ISSF;
(ii) Mr Luciano Rossi is banned from taking part in any shooting-related activities (administrative, sports and other) for a period of twenty (20) weeks as from 27 April 2018;
(iii) Mr Luciano Rossi is suspended from his office of the ISSF Vice-President for a period of twenty (20 weeks) as from 27 April 2018;
(iiii) Mr Luciano Rossi is subject to a fine in the total amount of EUR 50,000 (fifty thousand Euros).
All other requests or prayers for relief were dismissed. In addition, Mr Luciano Rossi was ordered to pay CAS 75% of the arbitration costs and to pay CHF 3,000 (three thousand Swiss francs) to the ISSF as a contribution towards its legal costs and expenses incurred in connection with the arbitration proceedings.
In response to the ISSF Ethics Committee decision, Mr. Rossi paid a fine of Euro 30.000 on 8 June 2018 to the ISSF. Following the CAS decision Mr. Rossi paid in addition Swiss Francs 3.000 on 30 October 2018 and Euro 20.000 on 1 November 2018. Therefore, the ISSF can confirm that it received a total fine of Euro 50.000 and Swiss Francs 3.000 from Mr. Rossi.
The brief information, presented above, shows the requests for relief submitted by both parties and the main decisions of the CAS Panel.
Anyone who is interested in reading the complete CAS Arbitral Award (CAS 2018/A/5770 Luciano Rossi v. ISSF) can find the full decision here (click to download). To understand the CAS decision articles 5, 53, 54, 57, 58, 70, 77 and 80 of the reasoning seem to be of particular importance.
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