Lawyer and Sportrechtler Christof Wieschemann participated in the 17.10.2016 at the Symposium at the Juridicum in Vienna as a speaker.
“Current issues of professional sport XV”
THE CASE OF SV WILHELMSHAVEN – WHEN SUPENDIERT THE DFB FIFA?
The case of SV Wilhelmshaven against the North German Football Federation NFV before the Federal Supreme Court (BGH II ZR 25/15 of the 20.9.2016) Pechstein in public especially in comparison to the case has undergone relatively little attention. The consequences of the arbitration are significant in the first place but for the sport of football in Germany.
According to the decision of the BGH, whose Gründe have not yet been published, the decisions of FIFA and the Court of arbitration can no longer track currently for sport CAS in the FIFA system, because for lack of a statute-legal basis for the DFB and its affiliated state associations. Importance goes so far over the North German football also.
The FIFA their members in the FIFA Statute and the disciplinary code is obliged not only to respect the decisions of the own law-enforcement bodies and of the CAS and committed 60 FIFA the associations article Statute, article to sanction non-observance 64 DC, for example through trigger relegation, but makes this obligation in article 14 60 FIFA et seq., statute even to the prerequisite of membership of a National Association in the FIFA. Thus FIFA, what entitles in the core and is necessary to ensure worldwide uniform application of the rule excluding their own national legal systems.
The Austrian Football Association ÖFB 2012 saw the problem exposed to deduct 6 points in the competition to Grazer AK. the problem is handled through its bankruptcy. FIFA has repeated in recent years national associations, for example Indonesia and Nigeria suspended (several times) for the time being by the membership and also by participation in international competitions because the associations either in proceedings before State courts were biased or not followed instructions to the enforcement of decisions of the FIFA legal bodies. This is exactly also the DFB according to the decision of the BGH II ZR 25/15 of the 20.9.2016 not only temporarily impossible.
Identified deficiencies in the rules and regulations of the DFB are so severe Bremen (2 U 67/14) by the Federal Supreme Court and also previously by the COURT, that they are not in the short term can be eliminated. Which is even more surprising as that lack of essential, namely the ineffectiveness of dynamic references in the statutes, is old hat in the association law. The Supreme Court had ruled in 1995 that but not prompted the DFB to change its rules and regulations. Also in the articles of Association of the NFV there’s some significant decision editorial errors, the decisions of the courts of the Federation had no appeal and not equally occupied the Association courts are therefore no real arbitration, is rather embarrassing for football.
Whether this will actually have the exclusion of the DFB result is perhaps unlikely due to its importance, the necessary consequence of the violation of the FIFA statutes would actually.
The presentation of the lecture can be found here:
BGH-sv – wilhelmshaven arbitration to the-test stand
The Symposium on current legal issues of professional sport deals with problems of promoting sports, the sports arbitration (cases Pechstein, Taboga & SV Wilhelmshaven), unilateral option rights (a. Onisowo) and current sports-legal jurisdiction.
You will find here the program of the Conference: