Lausanne, Switzerland - The Court of Arbitration has rejected an appeal from German speed skater Claudia Pechstein against a two-year ban for a doping rule violation, making her miss the Vancouver Olympics. Pechstein's management made the announcement on Wednesday ahead of the official publication of the verdict by CAS.
Pechstein, 37, is the first top athlete to be banned via screenings for a biological passport and not a positive doping test.
The five-time Olympic champion was banned for two years until February 2011 by the skating body ISU for abnormally high levels of reticulocytes (immature red blood cells) on several occasions, including the all-round world championships in February in Norway.
Pechstein and the German speed skating association DESG appealed ISU decision before the CAS. Pechstein protested her innocence and argued before the court that the high levels of red blood cells could be produced naturally.
But the three-man CAS panel turned down the appeal, with Pechstein's lawyer Simon Bergmann saying the case is now to be brought before a Swiss court.
"This very tough for me to accept," said Pechstein in a first reaction to the ruling.
Pechstein said she was banned "without evidence but only on one single piece of circumstantial evidence."
Pechstein is the most decorated German winter Olympian with five gold medals, two silver and two bronze. She also has six world titles.
She had hoped to add to her silverware at her sixth Olympics in Vancouver February 12-28, 2010. But the ruling could now mark the end of her career.
Under new rules by the World Anti Doping Agency (WADA), athletes can be subject of doping sanctions via the blood profile.
The ISU introduced the passport 10 years ago and other sports such as cycling and Nordic skiing also use it.