Doping lawyer in Belgium
Your defence begins with the first notification
Anti-doping legislation is a complex interplay of international rules (the WADA Code), an international treaty (the UNESCO International Convention against Doping in Sport), national decrees and federation regulations. A violation, even without intent, can lead to a suspension of several years.
Everest Sports Law guides athletes and clubs from the first notification through the entire doping process. The principle of strict liability makes it essential to act promptly: engaging your lawyer before responding to the official notification is the best first step.
No-obligation consultationThe 10 anti-doping rule violations (WADA Code, Art. 2)
The WADA Code defines 10 separate violations. A breach does not necessarily require intent or fault.
1. Presence of a prohibited substance
The presence of a prohibited substance (or its metabolites or markers) in an athlete’s bodily specimen, regardless of its origin or the manner in which it entered the body.
2. Use of a prohibited substance or method
Use or attempted use by an athlete of a prohibited substance or a prohibited method.
3. Refusal or evasion of sample collection
Refusing to submit to sample collection without compelling justification after being notified in accordance with the applicable rules.
4. Whereabouts failures
Three missed tests or filing failures within a 12-month period, applicable to athletes subject to a registered testing pool.
5. Tampering with the testing process
Fraud or attempted fraud with any part of doping control, including sabotage of sample collection or analysis.
6. Possession of prohibited substances
Possession of a prohibited substance or method by an athlete or support person, unless a valid medical exemption (TUE) can be demonstrated.
7. Trafficking in prohibited substances
Trafficking or attempted trafficking in any prohibited substance or method, regardless of the manner or stage involved.
8. Administration to athletes
Administration or attempted administration to any athlete, in-competition, of any prohibited substance or method, or administration out-of-competition of substances that are prohibited at all times.
9. Complicity
Assisting, encouraging, aiding, abetting, conspiring, covering up or otherwise being complicit in a doping violation committed by another person.
10. Prohibited association
Association with an athlete or support person who is serving a doping suspension or has been convicted of an offence related to doping.
Procedure: how a doping lawyer in Belgium runs your case
Elite athlete
Tried at first instance by the Flemish Doping Tribunal (VDT). Appeal is possible before the Court of Arbitration for Sport (CAS) in Lausanne. Cyclists are subject to separate procedures under their federations.
Amateur & recreational athlete
First instance: Disciplinary Committee. Appeal: Disciplinary Board. An action for annulment before the Council of State is subsequently possible. Everest Sports Law represents athletes before all these bodies.
Strict liability
The WADA Code provides for a principle of strict liability: an athlete is fully responsible for any substance found in their body, regardless of intent. Fault only affects the severity of the sanction, not the establishment of the violation itself.
Two things that decide a doping file early
Most of what determines the outcome happens before the first hearing.
The B sample and the deadline to request it
After an adverse finding on the A sample you may ask for the B sample to be analysed, and you may be present or represented when that happens. The right exists only for a short period after notification, and it lapses if nobody claims it. We check the deadline the moment you contact us and we make the request in the correct form, so the option stays open while the rest of the defence is prepared.
Where the substance came from
Under the principle of strict liability the athlete answers for what is found in the sample, whatever the intention. What can still change the length of a suspension is proof of how the substance entered the body, together with the degree of fault. That proof is built from packaging, batch numbers, receipts, prescriptions and laboratory analysis of the product used. Keep everything and hand nothing in before it has been examined. In Belgium testing is carried out by the competent anti-doping organisation, NADO Vlaanderen for the Flemish Community.
Frequently asked questions
A prohibited substance was found in my sample, but I did not know. Does that matter?
The WADA Code works with strict liability. You are fully responsible for any substance found in your body, regardless of intent. Fault affects the severity of the sanction, not the establishment of the violation itself. What can still change the length of a suspension is proof of how the substance entered your body. Keep the packaging, the batch numbers, the receipts and the prescriptions of every product you used.
Who decides my doping case?
That depends on your status. An elite athlete is tried at first instance by the Flemish Doping Tribunal, with an appeal before the Court of Arbitration for Sport in Lausanne. Cyclists are subject to separate procedures under their federations. For an amateur or recreational athlete the Disciplinary Committee decides first, then the Disciplinary Board, after which an action for annulment before the Council of State is possible.
I received notice of an adverse analytical finding. What do I do now?
From that moment a short period runs in which you may reply and ask for the B sample to be analysed. You may be present or represented when that happens. The right exists only for a short period after notification and it lapses if nobody claims it. What you write in those first days shapes the rest of the procedure, so contact us before you reply.
I need a medicine that is on the prohibited list. Is that possible?
You apply in advance for a therapeutic use exemption with the competent body. That application needs a complete medical file and time. An application made after the fact is accepted only exceptionally. Arrange it before the season starts, not once the test has already taken place.
Can I be suspended without a prohibited substance being found?
Yes. The WADA Code lists ten separate violations and most of them need no positive sample. Three missed tests or filing failures within twelve months are enough, and so are refusing to appear for sample collection, tampering with the control, possession, trafficking, complicity and prohibited association.
Sports we handle this domain in
Fitness, Bodybuilding & Powerlifting ↗
Charged after a doping control at a fitness centre? Our doping lawyer
Athletics ↗
Everest Sports Law is your athletics lawyer in Belgium for selection, doping
Cycling ↗
Everest Sports Law is your cycling lawyer in Belgium for riders
Gymnastics ↗
A gymnastics lawyer in Belgium for gymnasts, coaches, clubs and federations: disciplinary
Swimming ↗
A swimming lawyer in Belgium for swimmers, clubs and federations: selection, doping
Combat sports ↗
A combat sports lawyer in Belgium for judo, karate, boxing, MMA