By letter of 6 October 2004 the Italian Olympic Committee ("CONI") notified Mr Giungi, FIDAL (the "First Respondent") and Marco Giungi's Club, that "traces of Norandrosterone were found at a concentration exceeding the WADA limits together with Noretiocholanolone.
On 4 April 2005 the National Judging Commission of FIDAL (the "FIDAL Commission"), after hearing Mr Giungi's submissions, held that, according to IAAF Rule 38.
By letter dated 29 April 2005 the IAAF General Secretary informed FIDAL that Marco Giungi was not an International Level athlete as defined in IAAF Rules and that the competition at which he tested positive was not an International Competition.
On 25 May 2005, the FIDAL Commission rendered a new decision on Mr Giungi's matter, in which inter alia pointed out that "Since the authority of the superior body was denied, the closing request, at that time proposed [by] the Prosecutor, must be examined by this Commission.
In an Appeal Brief dated 22 September 2005, the IAAF challenged with the CAS the decision rendered by FIDAL Commission on 25 May 2005.
Consequently, in the case at hand IAAF subjected itself to FIDAL rules regarding possible internal appeal(s).
According to the relevant FIDAL Anti-doping Rules, the IAAF may appeal to the competent second degree Organ of Federal Justice (Commissione d'Appello Federale) in the cases concerning national level athletes; it can only appeal to CAS "once completed the above mentioned degrees of national sports justice".
In the case at hand the IAAF had such right according to FIDAL Anti-doping Rules but it did not exert it, and it cannot benefit from the fact that the other parties chose not to appeal the decision before the Federal Appeals Commission.