French court cannot rule on Boonen

From L'Equipe. The judge has declared that the court cannot make a ruling in the case, because the agreement between ASO & the teams states that disputes should be settled by the court of arbitration of the French Olympic committee (CSNOF). Surely Quickstep should have known that??

over 2 years ago civetta 28 comments 0 recs |

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Quickstep appealing to CNOSF, apparently.

Right this time, apologies for random initials posted above. Typing+me+rubbish.

by civetta on Jun 30, 2009 7:12 AM EDT reply actions

point proved! doh...

by civetta on Jun 30, 2009 7:12 AM EDT reply actions

Hehe Typing seems to be a problem for a few tonight..

But wow, just wish they will hurry up and sort it out..

How disruptive for Tom, Allan Davies and the Team.. I know the Team could have fixed it quickly, but geez.. Yes or No would be good..

"the rest was over 30. And that doesn't mean old and useless, but experienced and with the stamina"

Jens! Voigt, Crit Intl Interview, 2009

by CycleGirl on Jun 30, 2009 7:36 AM EDT up reply actions

Why Nanterre to begin with?

My dear friend Google indicates that ASO isn’t situated there.

Staring at the swim team gets you killed by a gang of dancing ninja men who know how to twirl.

by TheFigurehead on Jun 30, 2009 7:55 AM EDT reply actions

Why oh why didn't the court state this before the hearing?!

What a blessed waste of time.

Adrenalina Italiana!

by Albertina on Jun 30, 2009 8:12 AM EDT reply actions

Why oh why

couldn’t they have given a ruling last week? Explaining this? WTF??

by cyclingdiva on Jun 30, 2009 8:59 AM EDT up reply actions

indeed

But I still think it’s Quickstep who have wasted it (or their lawyers, in any case). If you’re party to an agreement which says, the procedure for resolving disputes is X, you can’t then try & circumvent that procedure by appealing elsewhere. I don’t think ASO’s case is all that defensible (except that they successfully excluded Boonen last year for the same offence & have also successfully excluded Fuji this year on similar grounds i.e. disrepute), but when they went before the judge this time I bet they didn’t even try to defend it.

by civetta on Jun 30, 2009 5:43 PM EDT up reply actions

+1

I should add at the start of this I would prefer Boonen to be at the Tour, but..

The court’s decision is probably not based on the merits of the actual case – but on whether it was the right place for the debate. Most legal entities are reluctant to give a decision on any matter when there is a set procedure to go through, that has not been exhausted, before you ask them to rule on something.

The UCI rules are quite clear – go to CNOSF, do not pass go, do not collect 200 of the currency of your choice.

The court has basically agreed with the ASO – it is not “competent”. Or put another way – why are you here when you should be elsewhere. Boonen needs better legal advice.

The TGI Nanterre has the ability to do what we, in the UK, call “judicial review”. Without anything “judicial” (i.e., the CNOSF decision) the court was left with nothing to “review”.

Cavendish - "le Mozart du onze-dents" (the Mozart of the 11-tooth sprocket) – L’Equipe

by andrewp on Jun 30, 2009 6:06 PM EDT up reply actions

You would think Boonen and

Quick Step would have the best lawyers money could buy. This is ridiculous!

by cyclingdiva on Jun 30, 2009 6:10 PM EDT up reply actions

+1

Tis truly a farce.

Adrenalina Italiana!

by Albertina on Jul 1, 2009 8:37 AM EDT up reply actions

see

comments here
http://www.podiumcafe.com/2009/6/29/929076/tdf-roster-changes#comments

by lucybears on Jun 30, 2009 10:44 AM EDT reply actions

On a lighter note - this all depends on your point of view....

Typcial no nonsense opening paragraph in this news report from Australia

Cavendish - "le Mozart du onze-dents" (the Mozart of the 11-tooth sprocket) – L’Equipe

by andrewp on Jun 30, 2009 11:07 AM EDT reply actions

Am I missing something?

For Davis to miss the ride in the world’s greatest bike race in such circumstances would be even more disappointing than the Spanish-inspired political farce that saw another top Australian, Simon Gerrans, dumped by his team, Cervelo Test, last week.

What does that mean?

Staring at the swim team gets you killed by a gang of dancing ninja men who know how to twirl.

by TheFigurehead on Jun 30, 2009 11:27 AM EDT up reply actions

It means they don't teach cycling at the University of Woolamaloo

by Jens on Jun 30, 2009 11:59 AM EDT up reply actions

They don't?

I thought Bruce was in charge of logical positivism, the sheep dip and cycling. Only the logical positivism and the sheeps then.

Staring at the swim team gets you killed by a gang of dancing ninja men who know how to twirl.

by TheFigurehead on Jun 30, 2009 12:11 PM EDT up reply actions

No

that’s Bruce’s job.

Your power is turning our darkness to dawn,
Roll on Columbia, Roll on!

by Chris Fontecchio on Jun 30, 2009 2:47 PM EDT up reply actions

Really, Jens...

It’s “Woolloomooloo”.

No, I am not joking.

Another couple of points off your citizenship test, there.

by Lou... on Jun 30, 2009 8:05 PM EDT up reply actions

I found out, the other day

that Australia has the temerity to require me to apply for a visa to visit. Are they kidding? That lot ought to be honored anyone wants to show up.

by Sui Juris on Jun 30, 2009 9:58 PM EDT up reply actions

Didn't the rest of the world

tell you lot about the plan to require expensive visas that can only be got through onerous processes from all…oh sorry wasn’t supposed to mention it…

by plinytheelder on Jun 30, 2009 11:22 PM EDT up reply actions

Right, but that's the AMERICAN plan

And these criminals stole it.

by Sui Juris on Jul 1, 2009 9:51 AM EDT up reply actions

W*w!

Y*u used up all the ’s in the wrld. There are n*ne left f*r the rest *f us.

by Jens on Jul 1, 2009 5:57 AM EDT up reply actions

yeah that is really dumb

by plinytheelder on Jun 30, 2009 12:24 PM EDT up reply actions

Whereas a non-Australian news report might phrase it

“A FRENCH court was deciding last night who rides in the Tour de France: an Australian whose doping program was detailed in Puerto documents or a Belgian who has twice tested positive to cocaine.”

I can't understand why people cheat--Mark Cavendish

by majope on Jun 30, 2009 11:49 AM EDT up reply actions

or not deciding, even...

Poor old Spain. Between the Australian press & the commenters on Chris Horner’s blog it’s getting a bit of a kicking.

by civetta on Jun 30, 2009 4:04 PM EDT up reply actions

Are those commenters still at it?

man those were some dumb-ass comments.

by plinytheelder on Jun 30, 2009 8:06 PM EDT up reply actions

trust me

I don’t read sports sections on local newspapers….especially cycling!

by rbjhan on Jul 1, 2009 4:18 AM EDT up reply actions

Bit lost in today's excitement, but ruling due Friday 9 am

apparently, with the case being heard tomorrow. Source (my Dutch consists of English plus schoolgirl German divided by Google translate, but I think that’s right).

Allan Davis, according to his twitter is already in Monaco. Somewhat farcically, again according to the source above, both he & Boonen will have to undergo pre-race medicals due to the last-minute nature of the decision, even though only one of them can ride.

by civetta on Jul 1, 2009 5:13 PM EDT reply actions