Rechtbank Utrecht
Sector handels- en familierecht
September 30, 2009
274511 / KG ZA 09-988
Related cases:
- Dutch District Court 2009 Athlete 2009005 vs KNSB and Dopingautoriteit
June 9, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU1
September 8, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU2
October 15, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU3
December 2, 2009
- KNSB 2010 KNSB Decision Disciplinary Committee 2009005 T
March 12, 2010
- KNSB 2010 KNSB Preliminary Decision Appeal Committee 2009005 TU4
July 6, 2010
- KNSB 2010 KNSB Decision Appeal Committee 2009005 B
November 26, 2010
- CAS 2010/A/2311 Stichting Anti-Doping Autoriteit Nederland (NADO) & the Koninklijke Nederlandsche Schaatsenrijders Bond (KNSB) vs W.
August 22, 2011
In February 2009 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the minor Athlete after his A and B samples tested positive for the prohibited substance norandrosterone (Nandrolone). After notification a provisional suspension was ordered by the KNSB.
In this proceeding with the Dutch District Court in Utrecht the Athlete argued that there are grounds to lift the provisional suspension ordered by the KNSB. On 30 September 2009 the Dutch District Court dismissed the Athlete’s arguments for lifting the provisional suspension.
Legal costs for the KNSB shall be borne by the Athlete.
Full Case History:
Between 2009 and 2011 a number of proceedings and appeals followed in the dispute between the Athlete, the KNSB and Dopingautoriteit about the anti-doping violation and the Athlete seeking annulment of the disciplinary proceedings and sanctions.
- On 9 June 2009 the Dutch District Court dismissed the Athlete’s objections about the validity of the sample collection and violation of his rights.
- On 8 September 2009 the KNSB ruled in the 1# Preliminary Decision about the validity of the sample collection and the validity of the test results for which a independent expert is appointed and the Dopingautoreit is ordered to provide additional information about the laboratory procedures and protocols.
- On 30 September 2009 the Dutch District Court dismissed the Athlete’s request to lift the provisional suspension.
- On 15 October 2010 the KNSB Disciplinary Committee ruled in the 2# Preliminary Decision about the possibility for lifting the provisional suspension for which a new hearing is ordered.
- On 2 December 2009 the KNSB Disciplinary Committee ruled in the 3# Preliminary Decision that the imposed provisional suspension will expire in February 2010 when the KNSB has not rendered a final decision against the Athlete.
- On 12 March 2010 the KNSB Disciplinary Committee dismissed the Athlete’s arguments about the validity of the test results and decided to impose a 1 year period of ineligibility on the Athlete and 1 year probationary period until November 2011.
- On 6 July 2010 the KNSB Appeal Committee ruled in the 4# Preliminary Decision that under the Rules the costs for an expert investigation shall be borne by the KNSB.
- On 26 November 2010 the KNSB Appeal Committee decides to annul the KNSB Disciplinary Committee decision of 12 March 2010 because of the KNSB’s refusal to provide additional documentation to verify the validity of the laboratory testing method as violation of the Athlete’s right of defence.
Hereafter the Dopingautoriteit and the KNSB appealed the decision the KNSB Appeal Committee of 26 November 2010 with the Court of Arbitration for Sport (CAS).
The CAS Panel concludes that the Athlete’s samples tested positive for the prohibited substance norandrosterone (Nandrolone) and that no departure from the ISL occurred in this case. Therefore the CAS Panel upholds the decision of the 12 March 2010 of the KNSB Disciplinary Committee and decides to set aside the decision of the KNSB Appeal Committee of 26 November 2010.
