Rechtbank Amsterdam
Civiel recht
February 15, 2011
478700 / KG ZA 10-2346 HJ/JWR
ECLI:NL:RBAMS:2011:BP9468
Related case:
ISR 2011 NRB Decision Disciplinary Committee 2011014 T
August 4, 2011
Facts
Player 2011014 engaged a preliminary relief proceeding before the civil court in Amsterdam. He demands that the voluntary suspension, because of a allegation of a anti-doping rule violation, will be lifted.
History
An anti-doping violation had been established because of a positive doping test for methylhexaneamine, for this the Dutch Rugby Union (Nederlandse Rugby Bond, NRB) had put the player on provisional suspension.
The player appealed against this decision before a civil court for financial reasons.
In his belief he had not the opportunity to prove that the violation had happened unknowingly.
By proceeding before the civil court he refers to the European Convention on Human Rights (ECHR) because his presumption of innocence is violated. The sentence is disproportional in regards to the violation.
The judge agrees to the voluntary suspension will lead to irreversible consequences for the player. If the final decision will stand he will undergo the full sanction. The importance for the player weighs more than the continuation of the voluntary suspension.
Decision
- The voluntary suspension is lifted till the final decision.
- The legal costs of the player will be borne by the NRB.
