The Italian Olympic Committee (CONI) on Thursday lodged an appeal against the decision to clear Alessandro Petacchi of doping by Italy's cycling federation (FCI).
Milram’s Italian sprinter escaped punishment from the FCI on Tuesday despite being charged with doping by CONI on July 4.
CONI had recommended to the FCI that Petacchi be banned from cycling for 12 months after a urine sample he gave at the Giro D'Italia on May 23 showed an unusually high level of salbutamol, a substance primarily used to treat asthma.
Ettore Torri, CONI's chief anti-doping prosecutor, has lodged an appeal with Italy's Federal Court of Appeal.
CONI is the governing body for sport in Italy but prefers that the relative federations carry out disciplinary matters.
Salbutamol is a banned substance, but riders suffering from asthma are allowed restricted use of the drug if they have a medical certificate.
Petacchi, who has such a certificate, having suffered from asthma for many years, put the excessive amount of salbutamol in his system that day down to using his inhaler too often.
As a result of the investigation, Petacchi was barred from competing in the Tour de France, which once again has been overshadowed by doping scandals.
Rebellin wins Brixia Tour opener
Davide Rebellin (Gerolsteiner) won the first stage of the four-day Brixia Tour on Thursday, a 157.4km ride in northern Italy from Brescia to Toscolano Maderno.
The 35-year-old defending champion edged out fellow Italian Paolo Bailetti for his first victory since April when he won the Fleche Wallonne classic.
Rebellin also won the first stage of last year's Brixia Tour.
Friday's second stage is split into two half-stages, an 81.5km ride from Esine Plerno to Breno followed by a 98.4km ride from Pian Camuno to Borno.