Proceedings of the 25th annual meeting which is DBJV, German Brazilian Lawyers Association, 23-26 November 2006 on Schalke appeared. The band is published by lawyer Wieschemann, who wrote also the contribution of “Sports law – an overall” with Jörg Rüsing, Münster, lawyer.

In his post pays tribute Attorney Wieschemann qualified presentations of the speakers, as well as the lively discussion of participants, which content was not for the contributions, and complements the presentation remarks on the current scientific debate. The result is a remarkable presentation of sports law in Germany and Brazil.

The authors:

RA Christof Wieschemann (Wieschemann lawyers, Bochum) sports law an overall view; Carl D. Goerdeler (freelance writer, Rio) Brazil and the ball; RA Dr. Joachim rain (GRUB FRANK BAHMANN SCHICKHARDT, Ludwigsburg) international transfers of players according to the regulations of FIFA. RA Jörg Rüsing (Schmidt Calma Rüsing, Münster) employment characteristics in the employment of professional footballers; RA Dr. Thomas Summerer (CMS Hasche Siegle, Munich) sports betting as media business model of the future; RA Dr. Dirk Wieddekind (Taylor Wessing, Hamburg) legal protection and marketing of sports events. RA Dr. Martin Schimke (Bird & Bird, Cologne) legal problems of “doping”. Yves own smoke (former player of FC Schalke 04 Gelsenkirchen) give racism the red card

The book in which is available Series of DBJV

The contribution of RA Wieschemann:

Sports law – an overall view


The 25th annual meeting of the German Brazilian Lawyers Association e.V. by the 23.11 26.11.2006 in Gelsenkirchen was sober titled “Sports law in Germany and Brazil” and a sober comparison of legal expectation. That from it but one of the most exciting conferences with intense discussions evolved, was no doubt the importance of sport – or better yet the Fußballs-as a part of public life and the most talked-about application of sports law at the meeting.

The mutual penetration of sports and the public and the resulting difficulties have proved it almost by itself the theme grow through the discussion on all posts.

The existence of these difficulties is almost inevitable consequence of two causes:

First the so-called Association autonomy within which sports associations entitled to, to handle this necessary even without any influence by the State to carry out of the sport and its competitions. Thus a large number of extra legal codifications for a significant part of our life has arisen, a legal parallel society. Lawyers who are not regularly engaged in the sports law, meet the Association autonomy often and not without right with skepticism. However may not to disregard that it is necessary and logical flow of a high good, the right of the people to free self-determination (article 2 para 1 GG), setting out he basically even the rules can, after which he is (here: athletic playful) wants to press[1]. But: How far an association within the framework of the autonomy of universal law sets and contactor goods within the rule of law must remove himself? May collective self-determination limit the right of the individual to participation and protection of its equally fundamental guaranteed individual rights?

These are questions which naturally arise in discussions about the self-image of a social rule of law and met in the meeting at the interface between sports and the State.

The Association autonomy acts-this brings us to the second Ursache-only inwards towards the participants of a sporting competition or the clubs members of the Association of and under associations. The exploitation of events however, the Act, in which the sport again shares with the public and it penetrates, is subject to state law, but no specific laws.

German civil law has proved in the 110 years since the first version of the civil code 1896 flexible enough, to capture social upheavals, such as an abundance of new economic cooperation, distribution and forms of financing needed any special legal regulation as well. The general law seems but with the management of the phenomenon of mass sports at the end of regulation force arrived.

The Conference showed that the different causes, namely on the one hand the collision of State laws with the standards work of the associations, and on the other hand the lack of special legal basis in different ways affect the reality.

What impact the phenomenon of mass football in and for the Brazilian society has, the meeting began with this topic and thus also this band begins.

Following here is the reproduction of the Conference papers.

Comes at the end:


Carl D. Goerdeler: Brazil and the ball

What is the significance of sport, in particular football, has for public life, is the subject of the lecture of Goerdeler, a wonderful debauchery on a country and its phenomena.

It belongs to the truisms of the meetings, as well as pompous roundtables on television, that football is but not more not less, as an expression of Brazilian Joie de vivre. That may be true. How very not only the mentality of Brazilian football the Brazilian society, affected, but this can be found on the one hand in the book by Alex air[2] or the shorter, though no less true contribution of Goerdeler. Many circumstances that still characterize the life as football in Brazil, are generally disregarded shortened logic of the meetings. One finds them for example in the history of the football clubs of Rio of Janeiro which originally strictly distinguish between ethnic origin and social strata. It is the ethno cultural excess jump ability of football particularly appreciated by Goerdeler to thank that such circumstances in Brazil, and also elsewhere in the world played a role today.[3]

Hardly anyone in Europe knows the nation to the importance of the lost Endspieles of the football World Cup 1950 against Uruguay in the domestic Maracana Stadium in Rio de Janeiro, as when safer world champion, and at the end, but 1:2 was defeated by. In it, so Goerdeler, he reflected existing gloom, the belief in the inadequacy of its own long latent in Brazilian society. The event was the opposite of the FIFA World Cup 1954, winning for the German nation was a national awakening experience, but as evidence of the effect power of football, it was an amazing parallel.

The Football League has also today still quite considerable importance not only for society as a whole, he has often determined the fate of the existence of the individual. There are unmistakably many football schools, some charity, some purely economic nature, which with amazing consistency, each year approximately 850 footballers make the leap to Europe in Brazil. The transfer proceeds are the most important financial instrument for the heavily indebted clubs of Brazilian football operation, as well as the object of desire of all actors involved in the transfer business. The football schools, you must this not underestimate, in the favelas often the only place where young people experience non-violent social orientation and solidarity as well as altruism (in the charities). They are also the source from which the even greater power of young people from Brazil to Europe feeds, which number in the official statistics of 850 footballers is not included every year, often while creating the jump with the help of commercial agents to Europe, but the football, either back to Brazil. You are prevented from frequently to flotsam and Jetsam of European societies, out of shame before the admission about the own failure on the return. So much football schools so also contribute as catch basins in the peripheral areas of the company, so very exceptional talents of Brazilian football worldwide fertilize the football, so everybody must be aware, that the promise is in each success story for many young Brazilians, equal to can do this success story. And exactly this promise drives young people into the arms of the intermediary.

Dr. Joachim rain: international transfers of players according to the rules of the FIFA

The lecture by rain dealt first with the consequences as shaping its content of the transfer system. It proves the same a Sisyphosarbeit task and the failure of the FIFA. Rain was a nice euphemism to describe by he pointed out that the active in the field of international transfers legal due to the incompleteness of the FIFA rules always an interesting activity with the possibility remains, to participate in the development of the law.

An international transfer is subject to at least three jurisdictions: the national laws of the countries of origin and the country of destination and the Association Law of FIFA.

Collisions of FIFA are indebted this inevitable and not FIFA regulations with the State laws. A FIFA standards system, which is in conflict with any State law of FIFA’s 208 member associations, is hard to imagine.

The International Court for sport CAS rejected Suarez & Barotti in decisions[4] rightly pointed out that the sport is a cross-border phenomenon for which not only desirable, but necessary is that its rules are General and similar valid all over the world. “The rules cannot be applied to another different from one country due to the interference between national law and sport regulations. The principle of the universal applicability of the regulations of the FIFA – or any other International Federation – take account of the requirement of rationality, security and predictability.”

The FIFA will but their ski this skilled task, to create a catalogue of standards and to provide him with internationally binding recognition does not do justice.

As an example of collisions with State legal systems rain refers to in his presentation the practiced by FIFA and inadmissible under German law system of training compensation for young football player’s commitment. Whether and to what extent, the system also violates other laws, should be the subject of these explanations, already but the astonishment about the perseverance with the FIFA and German in here on national legislation and case law overrule. The OLG Oldenburg, which came as last German court had to judge the 19.4.2005 on the admissibility of the system, couldn’t in the reasons to indicate that the system not the by the Federal Court of justice even in the judgment of the 27.9.1999[5] established principles is sufficient and turns out as inadmissible.

At the latest since the “Bosman decision” of Justice 1995[6] and the “Kien ACE decision” of the BAG 1996[7] a matter of course is also legal and judicial protection for the local jurisdiction: that although individuals on the basis of private autonomy his own freedom of economic activity may limit by contract of employment, that but nobody and no association by its regulations, also the freedom of activity of the individual should be limited at the end of the contractual commitment.

Is but the question allowed, whether a “German citizens” or an “EU of citizens” of in the above mentioned decisions of treated professional texts and press freedom only to a law, or to a universal human right? The claims this is confirmed in article 23 of the Universal Declaration of human rights and in articles 12 and 15 of the Charter of fundamental rights of the European Union of 7 December 2000. Nevertheless oriented FIFA committed probably more the functioning and financing of the system for the protection of individual freedom feels, when the legislation more likely to state regulations with lower legal safeguards – and also that not consistently.

In the statutes of FIFA is only a core of rules for the protection of the freedom of activity, which is secured at different point in particular to the prevention of circumvention; for example, by the commandment that payments of the host Association only to the issuing association, but not to a third party, in particular intermediaries may be made (art. 18 para 3 Player ´ agents Regulations 2005). This is to ensure that only players and giving out Club on the transfer decision can influence, but not sports distant ‘investors’.

At this point, it is but to complain that the FIFA “Tolerated the particularities of the transfer system in South America despite deviations from the own principles” (rain), reportedly to prevent a bleed out of the market. Tolerated by FIFA the practice looks so different, as dictated by its own regulations. There is not – after the experience of rain as well as a contract-free player in South America and due to his experience, he is sure to invoke to make such a rating. Small, the associated clubs secure player agents is a player’s transfer rights after the end of an employment contract, to obtain in the form of transfer payments commissions, disproportionate to the value of their performance or the remuneration of the players are.

If so the FIFA even gives application its own regulations in relation to the member associations and the persons who are subject to the own statutes and regulations throughout, as she impose then the regulations against different national legal systems? The need for uniform application is the only argument that even over look could be about shortcomings of the Association rules.

Jörg Rüsing: Employment characteristics in the employment of professional athletes

The difficulties in the treatment of sports reflected also in the employment characteristics in the employment of professional athletes. It shows in a variety of cases that that created employment law unable is to regulate normal employment relationships, to tackle the problems in professional sports. In this area of sports law also shows how little the law influenced actual practice.

Professional footballers get usually a salary, which is far above the average of workers and working, at least in the public perception (train a couple of times and one game per week) lag far behind the usual hours of work in the industry. This has often caused the question according to the status of worker of the professional footballers. In addition also the opportunity to market themselves for the property as a business owner to a certain extent even speaks[8], for the property of as employers rather than workers. That however disregarded just footballers are of course unable to classify your working and training hours free and regularly, about weekends away matches and training camps are subject to further temporal restrictions, as regular workers would accept this for themselves. Conduct are enforced within the contracts with penalty promises that are legally questionable both because of their absolute height, but also because of their relationship with the monthly income. According to the current state of the discussion, professional footballers are so ordinary workers, whose legal relationships can not only be governed by the applicable labour law.

Rüsings report shows that by communicating and arguing about the substance of labour relations and the secondment of national associations up to the termination of the contracts no phase is free from a variety of conflicts between actual, determined in part by the Association rules practice and normal labour law. This is not always the necessary public attention and not reflected also in a variety of employment procedures actually to be expected. The reasons are inherent in the system.

The lawsuit by Karlheinz Pflipsen serves as an example in 1997 against the football Bundesliga club Borussia Mönchengladbach, he played at this time for 14 years. Although the labour court entitled to holiday pay of DM 85.000,00 him, to his contract was not renewed in 1999 but despite appealing performance in the last two seasons after 15-year-old Club membership. His way led him for two seasons, first in Greece and then of the second division in the sinking. Self regulation?

Just for the sake of completeness should be mentioned, that even today the basic entitlement to holiday pay in the Sample employment contracts is anchored for license player of the DFL, but almost consistently incorrectly calculated.

As far as special features relating to the termination of employment are concerned, the lack of employment procedure stems from a real problem. All fixed-term contracts can be found in football. Still, it is a popular means to normalize unilateral renewal options of different shape, however violating sec. 622 para 6 of the civil code according to existing case law in favor of the clubs. Also Rachel points out rightly.

However, the sample employment contracts of the DFL sets an exercise of option-30.04 of each year during the transfer period to the 30.08 of each year ends. During the period between the may and the 30.08 one year might succeed hardly a football player to make a decision on the merits of German labour court on the question of the effectiveness of the exercised option. A decision is not helpful to him after the deadline.

League Association/DFL, grant here, as the institution responsible for the granting of game differently as the FIFA international transfers, no effective legal protection, by they refuse a provisional approval of the game in favor of the new Association to complete proceedings code. Usually, the problem is compensated by adequate compensation in money. Indirectly the issuing clubs in hand, it so based on the actual conditions still have to force a transfer fee – a practice, despite a labour code effective termination of the contract by refusal to release the the BAG in the “Kien ACE decision”[9] held to be inadmissible. This circumstance is also questionable, because are the parties to make use of the lack of effective legal protection at the termination of the work frequently at the grounds looking. At least clubs and agents often know about the legal ineffectiveness of the options and agree they nonetheless. The one in the hope that the invalidity may not be detected, the others, to gain a better negotiating position in the transfer poker with the “surprising” citing the ineffectiveness

Dr. Thomas Summerer: sports betting as media business model of the future

The consequences of the lack of a special legal regime for areas of sport with significant visibility is reflected in the presentation by Sanyal led to heated discussions.

The starting point of the consideration was the judgment of the Federal Constitutional Court by the 28.03.2006[10] in which, the Court came to the conviction that the State monopoly on sports betting in the previous design is unconstitutional and in which the legislature there has been time for a revision of the law to the regulation of sports betting until end of 2007. The draft of the new luck game agreement with the processing status at the time of the meeting foresees maintaining the State monopoly with a far-reaching ban on advertising in television, Internet, etc. causing President Theo Zwanziger and the former Bundesliga President Werner Hackmann believes the DFB “Expropriation of the organisers of sports events”[11] and the functioning of the amateur, as well as of paid football, its financing substantially based on the revenue with advertising contracts of sports betting operator, into question. Also the speaker was of the opinion that the approach proposed by the countries in the draft lottery State Treaty is absolutely unacceptable and that’s the “public right to conduct and participate in sports betting” and disregarded the principle of proportionality. In the next step of his lecture, Sanyal then examined the question whether not the betting company by the sport organizers own defense rights with the consequence could be cited, that the waiver of these rights requires the payment of a compensation.

While the officer did not recognize that he was a scoring discrepancy. After the formulation of the objectives of the DFL, the State betting monopoly, citing the public right to carry out the betting should be repealed. He saw then moved to be able to make the necessary consent of betting on the competitions organized by her from the payment of royalties due to a supposed own exploitation monopoly on the schedules and results, the DFL in the State.

He saw the point of reference in § § 4, 87 a and b of copyright law, and regardless of the actual expenditure for the creation of game plans already the discussion showed that the effort anyway results necessary from for the maintenance of the game operation and is not a creative design will. He had to deal with a different argument from the Auditorium: If the officer believe, fixtures and tables are copyrighted creations, so he confuse form with content. Fixtures and tables structured reflex of the game action itself, which both regained its importance and its economic marketing potential, are how widespread only in the interplay with the public. The action itself, the athletic competition with an uncertain outcome is subject of interest and the bet, not the game plan, or the list of results. The sporty, subject to any vorgefasstem plan competition has no copyright. Also the Organizer is not copyright. Thus, a starting point for any copyright protection are already lacking.[12]

That the majority of participants replied commercial result of betting on the outcome of a trial of a firm against the other law would prohibit himself as the speaker, is true, missed but the subject. Differently than the football, service provider not the involvement of the public owe their personal success on their fate.

The speaker was supported in his claim under a special legal formulation of performance rights for organisers of sports events, when also the intention associated, the Auditorium was another. Legal difficulties arise in particular at the interface between the interests of the Organizer to protect of your rights not clearly formulated by the legislature to the exploitation of the event on the one hand and the interests of the public on free access and voluntary participation in the event. This problem requires a clear design, but also limit the performance rights to a sporting event.

Dirk Wiedeking: legal protection and marketing of sports events in Germany &

Roberto Lambe and Leonardo Viveiros de Castro: legal protection and commercialization of sports in Brazil

This tension was also particularly evident in the lectures of Wieddekind and Liesegang.

The experience of the sports year at the time of the event just to end 2006 addressed views with the height of the World Cup of course also here primarily on football. The FIFA as the organizer of the sports event funded approximately in the ratio 2 to 1 with the sale of the transmission and the advertising rights[13]. FIFA tried mightily their extensive monopoly and nearly free of supranational control protection of rights to enforce.

While the legal situation to television rights is relatively secure, the radio coverage is subject to constitutional confrontation on the other hand[14] the greatest uncertainties for the public and most of the market participants in the field of marketing rights arise. Unlike as the Olympic Games, which is protected by the law on the protection of the Olympic symbols, other organizers take protecting your rights first and foremost from the naming rights, the law against unfair competition UWG and the Act on the protection of designations and brand in Word and image, trademark law. Here decisions that unfortunately a schematized largely detached from the purpose of dealing with the topic by the judges reveal, a type of law which already Rudolf von Ihering in 1865, has called aberration, based as “Mathematics of law” on a misconception of the nature of the right exist is a variety, sometimes conflicting[15].

FIFA had been claiming also originally trademark protection for such descriptive terms of general usage, as “FIFA World Cup in Germany 2006”, “FIFA 2006 World Cup”, “WM 2006” including m. The company Ferrero, which mainly promotes Bashira and Duplo since 1982 for your products at World Cup with collecting images, had successfully attacked the registration of such marks. The German Federal Patent Court ruled on the appeal of the FIFA against the deletion order of the patent and Trademark Office[16] with a remarkable due to its reasoning decision on the scope of the need to leave free according to § 8 para 2 number 2 trademark law:

  1. Legally justified or de facto monopolies are in the question after the representations need not take into account.
  1. World Cup as an abbreviation for the World Championship is a name for an international competition in the sport. Football describes the sport in which participants compete and not only the round game device. in 2006, this general statement can not restrict. The year describes the implementation nput returning events year-round. Football World Cup 2006 describes an international football betting Kamp total in 2006.
  1. It must remain at liberty market participants free of monopoly rights called to point out that relate your offers on a World Cup, there are used or have proven themselves at such.

However this control systems need to not refer to all goods and services, but at least on those that are typically used for such events, and that may be just that the organizer that wants to have an influence, are required without perform the sporting event, or to anchor but at least your importance in the public consciousness. [17]

The enormous economic potential of marketing the World Cup explained only by the fact, that she almost but there in particular, permeates the entire public life, not only in the host country, for the duration of the event. The worldwide media presence is incomparable with the exception of the Olympics. This penetration could even an organisation like FIFA alone does not achieve by licensed and controlled by your company. To the success of the contribution of other providers is required, which FIFA should operate almost mandatory. That the court contrary to the opinion of the FIFA wants to exclude these providers now not just by the use of the name, which actually cannot be avoided are in the German language in the name of the event, revealed a deeply democratic or social subject understanding of economic contexts and influence public life through service providers.

In connection with the introduction of the legal writing reform, there was public debate, who belong to the German language and who have to monitor their development, the user, so the English speaking people, or the legislature. Related, it was only to the outer form, where had been forgotten, that the common law case was result of a legislative act of 1901, as a result of the second orthographic Conference in Berlin until the Conference in Vienna in July 1996. In the discussion, it was about the right writing reform but only to the outer form of the “word mark”, which deals with the confrontation to the restriction of the use of certain names whose semantic content. It is the central to the usurpation of public language use by the FIFA. The public should be excluded from the use of essential elements of communication in connection with a public event.

At this point the bow to the previous presentation by Sanyal and the discussion about the need of performance rights for the sports organizers joined: you are certainly necessary, but not only, to ensure the organizers of ambush marketing free exploitation of the event but to define a clear line between the necessary protection of the rights of the organizers and the public need for freedom and sometimes dogmatic fact to substantiated incidents of the Organizer in the environment to prevent. A copyright in a positive sense, in the sense of an “environmental protection law”.

Dr. Martin Schimke: Doping: A case for the criminal justice system?

Lively discussion contribution Schimke, who could tell because his longtime membership in the Anti-Doping Commission of the German basketball Federation, the Arbitration Court of the German Ice Hockey League and the international sports court in Lausanne (CAS/TAS) about the principles, first and foremost, but about the right real impact of the current doping regulations and at the end made the State of the reasoning for and again refereed a State doping law.

Also in this discussion demonstrated again the tension between Government and Association-legal standardization and case-law.

Any legal order, including those by Association (Satzungs-) law described, rises to sanction the claim not only standards violations, but through the Act of making a positive statement of action, to establish a Sollensordnung. But presupposes universality as well as generally binding character of the control work.

However, this is not the case currently. The individual sports associations in the formulation “no doping”, but not in the implementation are agreed. The rule works, such as their implementation by the Association courts are heterogeneous. This is an example on the cases of footballer Schindler and Valdimarsson, on the one hand and the water polo player Tobias Karimi on the other hand.

The active ingredient of finasteride was discovered on the 18.03.2005 within the framework of a training control in water polo player Tobias Kari, no doping-related effect which itself, which complicates the detection of anabolic steroids (Nandrolone) but. The active ingredient of comes from the hair growth tonic “Propecia” that the water polo since 2004 and that he had checked at this point even on the relevance of his doping. At this time the means was not yet on the prohibited list of the Weltantidopingagentur (WADA) and the national anti-doping Agency (NADA). The active ingredient was recorded in both lists with release of the new list to 1 January 2005, which remained unknown to the athletes. But was the Olympian first blocked by the German swimming Federation (DSV), but later acquitted of the accusation of doping and the proceedings discontinued after an additional analysis of the results, that the use of anabolic steroids themselves to exclude was.

Contrast the case of player’s Falk Schindler of the Regionalliga kickers Emden, whose doping sample was also positive on the active ingredient finasteride from the linkwork. It said the detection of the substance in his body with the use of the remedy propecia. At that time, the DFB had not even drawn up a list, but own publications including the Internet however outdated since 1 January 2005 amended in 2004 printed in the German translation of the list of WADA, in which the active ingredient was not listed. The new list was published at the time of the doping test already in the German-language version by the NADA. However, a reference to this framework lacked the implementation provisions doping of the DFB. Yet the sport Court of the DFB in the negotiation of 17.11.2005 imposed a six-month ban, as well as the DFB sports court by decision of the 02.12.2005 Vucicevic for six months for the same offence locked – without properly known made legal.

To add still remains that complained the international swimming Federation (FINA) against the opponent free decision of the DSV in terms of cross man before the CAS, that on the 18.01.06[18] imposed a one-year lock, where the Court pointed out that it would have remained due to special circumstances under one year, if this had been approved by the FINA rules.

The case revealed two key shortcomings of current practice in the fight against of doping:

Even if the State regulatory and law-giver is not free of errors, but the standards established in the national legislation in the Normsetzungs – and the proclamation process as well as in the practice of sentencing, largely to avoid purely technical mistakes, which impairs the credibility of standards and guaranteeing accuracy of the procedure, grant. However, it is essential that in the sports jurisdiction of the divergence of decisions of individual sports federations, even the different jurisdictions of a Federation, associated with particular public perception doubt for the formulation of a uniform Sollensordnung required all public liability and generality justify. The heterogeneity of procedures in the practice of doping persecution and the intended generality of the doping ban here are complementary polarity.

That certainly favour a uniform scaling and tracking. But also for a State?

With all attention in public, the question arises: is to preserve a pristine by manipulating result of competition a so high right, need of protection of the legislator, a parent ethics in sport? Rather not.

No one blind to the charisma effect of fairness in sports in the society. But ultimately, it’s about the protection of the reputation of the sport, not the reputation of the State[19].

Unlike around however the same question: In the Association criminal law applies the principle of “strict liability” which alone is based on the objective facts without proof of fault. This is an apparent contradiction to one of the great principles of the rule of law in the criminal procedure each is based on the presumption of innocence. Is the protection of ethics in sport as outstanding right of State legislators can tolerate it, that despite the superior effect in the public association Court parallel system disregarded an important basis of the rule of law?

It’s an absurdum and an admission of powerlessness that requires just the sport, that own action invokes collision often to the legitimation of the autonomy of the Association, in the case of the fight against of doping after the State legislature. It is task of sport but even, albeit with accuracy guarantees constitutional action, consistently to regulate the prohibition of doping and to enforce.

The almost global recognition of the WADA code within a relatively short period of time since 1999 and the indisputable recognition of the CAS/CAS as an independent saying body from the individual interests of the Association show the right way of unification, which still continue in the national associations is required.

Of course, this meeting also has not solved the problems of the legal area, but worked out extensively just in the discussions. It is thereby not even surprising that this was achieved at a meeting with participants, which don’t deal with the sports law, but under the umbrella of the german-Brazilian transactions together have found themselves and are active in a variety of areas of law. The sports law itself is as varied as the encounter of the sport with his actors, viewers and the public.

It requires knowledge from many fields of law and the fascination with the sport itself.

[1] continuing the Darren position Pfister, the autonomy of sport, in: Fritz hamlet/Pfister / Sanyal, practice handbook on sports law, Munich 2007, page 10 ff.

[2] Futebol – football: the Brazilian art of life, bitter man, 2004

[3] You can see this but also that the increased occurrence of football clubs, whose Mitglieder invariably have a migration background, is not a new development, but the reversal of a long-term positive development

[4] CAS 2005 / A / 983-984

[5] NJW 1999, 3552 = BGHZ 142, 304

[6] ECR 1995 I-4921

[7] BAGÉ 84, 344-360

[8] compare Rybak, page 55 the legal relationship between the royalty soccer player and his club, Frankfurt am Main, 1999,

[9] above footnote 6.

[10] NJW 2006, 1261 et seq.

[11] Süddeutsche Zeitung of the 05.12.06

[12] The author offers a review with the State of knowledge in summer 2007: the commissioned by the DFL at that time and now this opinion of the Max Planck Institute for foreign and international private law at that time represented considered not confirmed, because it lacks an investment required over the ordinary costs for the production of the game plans to maintain the operation of the game within the meaning of § 87 a copyright law.

[13] Secure numbers are the author such as for the four-year period between 2003 and 2006. Within this period the FIFA in the marketing area took 714 million euros by selling the hospitality rights 260 million euros and the sale of the broadcasting rights to the 2006 World Cup in Germany and the confederations in the year previously 1,660 billion euros

[14] see the illustration at Sprint 2006, von Coelln, radio reports from the stadium, 185 et seq.

[15] Roman law on the different stages of its development, 1st Edition, Leipzig 1865, pages 302 f.

[16] on the 03.08.2005 32 W (pat) 237/04

[17] The sentence was confirmed by the Federal Supreme Court later essentially in the judgment by the 27.4.2006. BGHZ 167, 278-298; NJW 2006, 3002-3007

[18] CAS 2005 / A / 921 FINA. /. Tobias Kari and German swimming Federation

[19] Steiner, State target anti-doping State? Sprint 2006, page 244

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