The FCI refused to suspend Petacchi, and he returned to racing in late July. Their decision, however, was not made to exonerate Petacchi, but rather because they did not believe they should hear the case, instead deferring to the Court of Arbitration for Sport (CAS). The CAS heard the case, and Petacchi testified to the court, stating that the hot and humid day on which the stage was the run had made it so that he took several extra puffs from his inhaler, but that this was accidental and that most had come after he had already crossed the finish line and won the stage.