Gerechtshof Arnhem-Leeuwarden
Sector civiel recht
June 25, 2013
200.015.508
ECLI:NL:GHARL:2013:CA3542
Related cases:
- CAS 2008_A_1612 Michael Rasmussen vs UCI & FMC
January 22, 2009 - Dutch District Court 2008 Michael Rasmussen vs RABO Wielerploegen
July 2, 2008 - Dutch Court of Appeal 2012 Michael Rasmussen vs RABO Wielerploegen
June 19, 2012
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 evidence which rejects all grievances and will cancel the decision of the district court.
Decision
1. The RABO team only has to pay partly some compensation costs.
2. Cyclist X has to refund the trial costs and his remaining wages he had received inclusive a bonus after his immediate dismissal.
