Gerechtshof Amsterdam
Sector civiel recht
June 19, 2012
200.015.508
ECLI:NL:GHAMS:2012:BW8595
Related cases:
- CAS 2008_A_1612 Michael Rasmussen vs UCI & FMC
January 22, 2009 - Dutch District Court 2008 Michael Rasmussen vs RABO Wielerploegen
July 4, 2012 - Dutch Court of Appeal 2013 Michael Rasmussen vs RABO Wielerploegen
June 25, 2013
Facts
Cyclist X, appeals against the district court decision dated July 7, 2008, about his 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 dismissal was not on the correct legal grounds, the time between the dismissal and reason for immediate dismissal was to long.
However the RABO team has offered evidence which will reject all grievances and will cancel the decision of the district court.
Decision
1. The immediate dismissal was correct because of the wrong whereabout data of cyclist X.
2. The RABO team can provide witnesses in this case.
3. The hearing will be held on July 17, 2012.