The Spaniard first signed for the then Team Rabobank in 2009. In the Haarlem Court, he will argue that under Dutch collective-agreement law, he is entitled to a one-half month's salary for every year that he was with the team, since the team did not start dismissal actions against him. Since he was with Rabobank/Belkin for five years, he would be eligible for 2.5 years salary.
When a contract is not renewed, the athlete must be given a three-month notice, Garate's lawyer told the Dutch newspaper De Telegraaf. “When no new contract is signed, you can continue using the old contract.”
The team had offered the 37-year-old a new contract for the 2014 season, which he is said to have verbally accepted but never signed. It was reported that the contract was for only 40% of his previous salary. It was announced in February that Garate did not have a contract, although he had attended the team's pre-season training camp.
He has refused to disclose his reasons for not signing. “My reasons are private,” he explained. "If Belkin needs me, I am ready to come back. But at the moment I am not welcome with Belkin. It's a personal thing and has nothing to do with money. And no, it’s not to do with doping either."