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Schumacher CAS decision postponed until January

By:
Cycling News
Published:
December 17, 2009, 14:52 GMT,
Updated:
December 17, 2009, 21:12 GMT
Edition:
First Edition Cycling News, Friday, December 18, 2009
Stefan Schumacher (Gerolsteiner)

Stefan Schumacher (Gerolsteiner)

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Holczer, Schumacher reach financial agreement over summary dismissal

A decision on Stefan Schumacher's appeal of his two-year suspension for doping will not come down from the Court of Arbitration for Sport (CAS) until after the first of the year. The date of the decision will not come before January 11, 2010 according to Schumacher's lawyer, Michael Lehner.

"I see that there is obviously intense discussion. Whether that is good, I can't say," said Lehner. "But a decision against Stefan Schumacher would be difficult to write. Our arguments are practically unbeatable."

Schumacher tested positive for CERA at the 2008 Tour de France. He was suspended for two years by the French anti-doping agency AFLD, with the International Cycling Union (UCI) later adopting the ban. He is appealing the suspension on the grounds that, among others, the analysis method used for CERA was not approved for use at the time. Lehner has said that if the CAS rules against his client, he will appeal to the Swiss courts and the European court.

Schumacher also tested positive for CERA at the 2008 Beijing Olympics, as did former teammate Davide Rebellin. Both have appealed their Olympic disqualifications to the CAS, with no hearing date yet set.

The good news for Schumacher came from a German employment-rights court, which accepted a settlement requiring Holczer to pay him 50,000 Euros. Holczer had terminated Schumacher's contract on October 15, 2008, when the Tour de France positives were announced.

The team manager sued the rider for a refund of the salary paid to him from the time of the positive tests in July until October 15. Schumacher counter-sued against the summary dismissal and demanded salary payment through the end of 2008.

The two sides reached an agreement under which Holczer agreed to pay one half-month's salary of 25,000 Euro, and an additional 25,000 which the rider was due.

Both sides were satisfied with the agreement. Schumacher "now has that off his back. We have reached an agreement, with which all the parties can look each other in the eyes," Lehner told the dpa. Holczer noted, "The largest part of the money stays with us. We must pay only a little bit. The summary dismissal stays in effect."

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