Frozen Files: CAS at Milano Cortina Edition 2

Edition 2 - Monday 16 February 2026 

Since our last edition of the Frozen Files (found here), the nail-biting competition on show on the slopes of Milano Cortina at the 2026 Olympic Winter Game (2026 OWG) has not stopped. While world-class competitors from all over the world continue to carve their way through the competition, keeping spectators glued to the action, the Court of Arbitration for Sport (CAS) has remained busy. Additional matters have been filed and decided in CAS’ Ad hoc division, dealing with a range of interesting sports law issues.

Below are summaries of developments over the past week.

Decisions

Application by Rebecca Passler – Biathlon

As reported in our previous update, Italian Biathlon athlete Rebecca Passler filed an application against several bodies including NADO Italia Antidoping (NADO Italia) and the World Anti-Doping Agency (WADA). The application concerned a provisional suspension imposed by NADO Italia on 2 February 2026 following an Adverse Analytical Finding (AAF) for Letrozole, a prohibited substance on the WADA Prohibited List. Ms Passler requested that the CAS annul the suspension.

Following a hearing on 10 February 2026, Ms Passler’s application was rejected by the CAS Ad hoc Division Panel who found it lacked jurisdiction to hear the application. The Panel heard the parties’ arguments and examined the relevant procedural framework as set out in NADO Italia’s regulations. They determined that in the absence of an application to the NADT regarding the suspension and thus the absence of a further decision by the NADT, Ms Passler had no right to appeal to the CAS Ad hoc Division. Given the Panel’s determination, it did not rule on the merits of the Anti-Doping Rule Violation, however it noted that Ms Passler was able to appeal the provisional suspension to NADO Italia’s National Anti-Doping Appeal Board (NADAB) before 12 February 2026. Media Release, Award 

Ms Passler ultimately appealed to NADAB, submitting that she lived with her mother who was taking Letrozole as part of treatment for breast cancer, and that the contamination likely came from a spoon which she picked up to eat Nutella spread for breakfast the day prior to the relevant test. NADAB accepted that inadvertent contamination was plausible and lifted Ms Passler’s provisional suspension. WADA has since confirmed that it does not plan to contest NADAB’s decision at CAS, meaning Ms Passler can now rejoin her teammates for the remaining events of the 2026 OWG. See the Inside The Games article here and Reuters article here.

Application by Raimo Reinsalu – Figure Skating (coach)

Estonian figure skating coach Raimo Reinsalu filed an application against the International Skating Union (ISU) seeking to immediately lift a provisional suspension from participation in ISU events, including the 2026 OWG. Mr Reinsalu is a coach for Ms Meda Variakojytė who is participating for Lithuania in the 2026 OWG. The ISU Disciplinary Commission issued the provisional suspension on 7 February 2026, following a Statement of Complaint of physical and psychological abuse by a former athlete that Mr Reinsalu coached. Mr Reinsalu argued that the exclusion from the 2026 OWG causes irreparable harm to his professional reputation and adversely affects the athlete he coaches. 

Following a hearing on 11 February 2026, the CAS Ad hoc Division Panel dismissed Mr Reinsalu’s application — with the result that Mr Reinsalu’s provisional suspension remains in place. The Panel recalled that a provisional suspension is a precautionary and protective measure, and not a disciplinary sanction. It noted that its function is not to imply any presumption of guilt, but to safeguard the integrity of the sport. The Panel therefore considered that in light of the seriousness of the relevant allegations, the ISU Disciplinary Commission was entitled to conclude that maintaining Mr Reinsalu in his functions pending a final decision could pose risks incompatible with the preventative and protective objectives of the ISU Code of Ethics. Media Release, Award

Application by Vladyslav Heraskevych – Skeleton

Ukrainian Skeleton athlete Vladyslav Heraskevych filed an application against the International Bobsleigh & Skeleton Federation (IBSF), challenging the IBSF Jury Decision (IBSF Decision) to withdraw Mr Heraskevych from the Men’s Skeleton event with immediate effect. The IBSF Decision stated that Mr Heraskevych intended to wear, in competition, a helmet displaying portraits of Ukrainian athletes who lost their lives in the war. That was considered to be inconsistent with the Olympic Charter and Guidelines on Athlete Expression. The IBSF decision was rendered in execution of an IOC decision of 10 February 2026, which stated that the helmet was not compliant with the Olympic Charter. The IOC decision was not challenged in Mr Heraskevych’s application. 

Mr Heraskevych argued that his exclusion is disproportionate, unsupported by any technical or safety violation and causes irreparable sporting harm to him. Mr Heraskevych’s application requested that the IBSF Jury Decision be annulled and sought provisional measures to have him reinstated in the 2026 OWG with immediate effect, or that he be able to perform a CAS supervised official run pending a final decision. A Sole Arbitrator was appointed to hear the matter on an urgent basis. 

The Sole Arbitrator heard the parties’ arguments and examined the Athlete Expression Guidelines, noting that while they state that freedom of speech is a fundamental right of any athlete competing in the Olympic Games, they limit the right to express views during competitions on the field of play. The Sole Arbitrator expressed sympathy for Mr Heraskevych’s commemoration, but found those limitations to be reasonable and proportionate, considering other opportunities for athletes to raise awareness. The Sole Arbitrator noted the goal was to maintain the focus of the Olympic Games on performances and sport. As the Sole Arbitrator was bound by such proportionate rules and had no means to override them, Mr Heraskevych’s application was dismissed. The CAS procedure concluded just over 24 hours after the time that Mr Heraskevych filed his application. Media Release

Additional OWG 2026 Legal News

The Minion skated… but did not qualify.

Throughout the 2025-26 season, Spanish Figure Skater Tomas-Llorenc Guarino Sabate became well-known for performing on the ice dressed like a Minion from the popular film series, using a range of music from the series in his routines. 

Just before the start of 2026 OWG, Mr Sabate became embroiled in copyright issues for the songs underpinning his routine and it appeared he would have to use different music at the 2026 OWG. However, following an outcry on social media with the tagline “Let the Minion Skate!”, Mr Sabate announced that the issues had been resolved and that licences had been obtained — the consequence being that he would be able to skate to his usual music (see the BBC News article here). 

Mr Sabate performed in the short program on 10 February 2026. Mr Sabate placed 25^th, which was one spot short of qualifying for the free skate on 13 February 2026. Nevertheless, the appearance of the Minion-themed routine brought some fun to the rink. See the following CBS News article here for more details.