Rechtbank Utrecht
Sector civiel recht
July 2, 2008
557845 UC EXPL 08-1098 JS
ECLI:NL:RBUTR:2008:BD6001
Related cases:
- CAS 2008_A_1612 Michael Rasmussen vs UCI & FMC
January 22, 2009 - Dutch Court of Appeal 2012 Michael Rasmussen vs RABO Wielerploegen
June 19, 2012 - Dutch Court of Appeal 2013 Michael Rasmussen vs RABO Wielerploegen
June 25, 2013
Facts
Michael Rasmussen, the cyclist, appeals against his immediate dismissal from the RABO Wielerploegen (RABO team).
History
The cyclist didn't provide correctly his whereabouts data which is required as a member of the designated testing pool. Claiming he was in Mexico an Italian television commentator saw him in the Dolomites. RABO viewed this as evading doping controls and withdrew him from the race (Tour de France) and later terminated his contract. The immediate dismissal was not on the correct legal grounds, the time between the dismissal and reason for immediate dismissal was to long.
Decision
1. The immediate dismissal was illegal
2. The RABO team has to refund his remaining salary, compensation costs and immaterial damage. Also the interest over these costs has to be paid.
