The defendant appeal against the decision of the disciplinary committee of the Royal Dutch Lawn Tennis Union (KNLTB) dated February 6, 2007. For which he was awarded with an ineligibility of two years.
The defendant claims not to be a part of the registered testing pool. For that reason he didn't attend the doping test. In his Appeal he states not to be aware of the consequences doing so, also he doubts the competence of the DCO.
Considering the doping rules of the KNLTB, particularly Section 22, paragraph 3, athletes not belonging to the registered testing pool should not be selected.
There is no reason to assume that defendant should have known he had to ask to be removed from the list (no Fault or Negligence).
The defendant refusal was permitted.
The appeal is granted, the decision of the Disciplinary Committee is set aside.
An appeal can be made within 21 days at the CAS.
KNLTB 2006 KNLTB Decision Appeal Committee 2006079 B
Original document
Parameters
- Legal Source
- National Decisions
- Date
- 10 April 2007
- People
- Genderen, D.M. van
- Hoppenbrouwers, M.R.P.
- Original Source
- Doping Authority Netherlands
- Country
- Netherlands
- Language
- Dutch
- ADRV
- Refusal or failure to submit to sample collection
- Legal Terms
- Acquittal
- Mitigating circumstances
- No Fault or Negligence
- Procedural error
- Sport/IFs
- Tennis (ITF) - International Tennis Federation
- Other organisations
- Dopingautoriteit - Anti-Doping Authority Netherlands (ADAN)
- KNLTB - Koninklijke Nederlandse Lawn Tennis Bond
- Document type
- Pdf file
- Date generated
- 4 June 2013
- Date of last modification
- 28 November 2014
