The public prosecutor’s office of Potsdam has decided to end the criminal investigations against our client Ms Annika Schleu for alleged violations of the Animal Welfare Act during the Olympic Games in Tokyo in August 2021 pursuant to section 153a of the German Code of Criminal Procedure today. Ms Schleu will pay a small amount to a non-profit organisation, after which the criminal investigation will finally be over. After the end of the proceedings, Ms Schleu can now fully dedicate herself to her sport again, which has always included the loving care with horses.
On 1 January 2022, the new version of the BAT Arbitration Rules came into effect. The new rules include an adjustment of the amount to be paid as handling fee for a BAT arbitration and provide an additional purpose for the use of monies from the "BAT Fund".
The new version of the BAT Arbitration Rules and an explanation of the most relevant amendments are available here
The BAT is a true arbitral tribunal for the resolution of financial disputes in the world of basketball. The BAT was established in 2007 by the founder of our law firm, Dr. Dirk-Reiner Martens, in cooperation with the international basketball federation (FIBA) and has been administered by Martens Rechtsanwälte ever since. Measured by annual case numbers, the BAT is one of the largest sports arbitration courts in the world.
Dr Heiner Kahlert and David Menz published a report on the development of sports law in 2021 in the Neue Juristische Wochenschrift (NJW), the legal journal with the highest circulation in Germany.
The report is published on pp. 3700-3706 of the 51/2021 edition of the NJW and provides an overview of relevant decisions from various legal fields affected by sports law. From now on, such a report will be published in the NJW every year. This also reflects the steadily increasing importance of sports law in practice and academics.
For 2022 and, thus, the fourth time in a row, the renowned international legal directory Who’s Who Legal has listed Dr Heiner Kahlert as a “Future Leader”
in arbitration. The listing is based on independent research, in particular surveys amongst clients and peers. The repeat listing highlights the special expertise of Heiner Kahlert in national and international arbitration proceedings, in which he acts both as counsel and as arbitrator.
In addition, Heiner Kahlert is currently listed by Who’s Who legal as "Global Leader Sports 2021" and "National Leader Germany – Sports & Entertainment 2021" (both listings have not yet been published for 2022).
At the General Assembly of the German Institute for Arbitration (DIS)
held last Friday, Dr Heiner Kahlert was elected into the DIS Advisory Council, which provides advice to the DIS Board of Directors. The Advisory Council comprises 21 members from different organisations and professions having a special interest in arbitration.
For more than 10 years, Heiner Kahlert has been an active member of DIS and DIS40 – German Initiative of Young Arbitration Practitioners. He served for three years as a DIS40 Regional Coordinator and is currently a member of the Working Group that is drafting the new DIS Sports Arbitration Rules.
For years, Tinusch Jalilvand has been dealing intensely with diverse questions of data privacy laws, with a particular focus being data protection in sports. Earlier this week, he received a certificate as "Data Protection Officer (TÜV) according to the GDPR and the new German Federal Data Protection Act”.
Many companies, but even more sport clubs and associations, do not currently meet the applicable requirements under data privacy laws – neither in relation to their privacy policies nor regarding other required documentation nor with respect to the practical implementation of data protection issues. Following the recent practice of data protection authorities and looming claims against different stakeholders in sports, it is to be expected that European data protection authorities will from now on assess more closely whether specifically clubs and associations comply with data privacy laws, failing which they may be sanctioned.
Tinusch helps our clients to implement the complex requirements of data privacy laws in practice, with a view to avoid any fines, claims for damages and reputational harm.
Together with our former trainee lawyer Dr. Marie-Christin Bareuther, Dr. Heiner Kahlert has published an article in Germany’s most-read legal journal (NJW) on athletes’ freedom of speech during sports event. The article reports in particular on the IOC’s new guidelines that were adopted shortly before the Olympic Games in Tokyo. Compared to previous practice, the guidelines widen the scope of admissible political statements during the Olympic Games and increase to some extent legal security in respect of sanctions for any violations. In addition, the authors argue for a harmonized approach across different sports. The article was published on page 5 of NJW edition 23/2021.
David Menz and Maximilian Wegge held a webinar with the topic "Quotient rule in amateur football- fair and just?" on 21 April 2021. The webinar provided information on the current situation in amateur football due to the Covid-19 pandemic and analysed the problems of determining the relegated teams of a cancelled season by applying a quota system.