In the 1/2012 issue of the Maastricht Journal of European and Comparative Law, Heiner Kahlert and Prof. Ulrich Haas comment on the landmark decision of the European Court of Justice (ECJ) in the "Murphy" case. Underlying this decision was inter alia the case of the English pub owner Karen Murphy, who was sanctioned under criminal law for having shown English Premier League games in her pub via Greek pay-TV.
The ECJ declared the common practice of conferring absolute territorial exclusivity to TV broadcasting rights an infringement of EU law, and extended this verdict to member state laws endorsing such practice. Heiner Kahlert and Prof. Ulrich Haas explain in their case note why, however, the decision might not be as dramatic for right holders as many have initially feared.
Please visit our event website for the presentations and photos.
The dispute between two sailing teams about the right to represent Germany in the London Olympic Games has been decided by the district court of Hamburg in favour for Kathrin Kadelbach and Friedericke Belcher, represented by Martens Lawyers.
The court rejected a motion filed by the 470-class sailors Tina Lutz and Susann Beucke, requesting that the German Sailing Federation propose them instead of (or together with) Kadelbach and Belcher to the German Olympic Committee. Lutz/Beucke argued unsuccessfully that they had been disadvantaged by the German Sailing Federation in the framework of the national qualification races, namely during the Worlds 2011 in Perth, Australia. According to the decision of the Hamburg district court, Kadelbach and Belcher remain the only team in the 470 women's class proposed to the German Olympic Committee for the 2012 Olympic Team.
In the 4/2011 issue of the law journal causa sport, Heiner Kahlert discusses the landmark decision of the European Court of Justice (ECJ) rendered in the case of the English pub owner Karen Murphy against the company operating the British Premier League.
Although the ECJ declared the common practice of conferring absolute territorial exclusivity to TV broadcasting rights an infringement of EU law, Heiner Kahlert explains in his article that the consequences for right holders might not be as dramatic as many have feared.
On the occasion of a Seminar for the arbitrators of the Court of Arbitration for Sport Dirk-Reiner Martens gave a speech on "The Role of the Arbitrator in CAS Proceedings – Reflections on how to prepare for and conduct a hearing of a CAS case". You will find the full text of the paper by clicking on the following link: Article - The role of the arbitrator in CAS proceedings
Martens Rechtsanwaelte are now also listed on JUVE.de. For the profile please click here.
In the fall semester 2011/12 Christian Keidel and Heiner Kahlert are again holding a series of lectures on Sportslaw at the Technical University of Munich.
The objective of said lectures, which are part of the bachelor studies "scientific bases of sports", is to familiarize the students with the essential aspects of national and international sports law.
Radomir Antic, former coach of Real Madrid, FC Barcelona and of the Serbian national football team succeeded before the Court of Arbitration for sport in obtaining a million Euro damage award against the Football Association of Serbia for wrongful termination of his contract.
Christian Keidel and Andreas Zagklis represented Radomir Antic before CAS.
JAMS, the premier mediation and arbitration provider in the United States, and ADR Center in Italy have created JAMS International in September 2011 to provide mediation and arbitration of cross-border disputes worldwide.
JAMS International is headquartered in London with additional hearing locations in Amsterdam, Milan, New York and Rome. Dirk-Reiner Martens is a member of the inaugural panel of mediators and arbitrators of JAMS International. More information at www.jamsinternational.com.
After successfully completing a 90-hour seminar of the German Law Society (DAA), Dr. Dirk-Reiner Martens was certified as “Mediator (DAA)”. This further raises the profile of Martens Rechtsanwälte in the field of alternative dispute resolution.
The Basketball Arbitral Tribunal (BAT) is celebrating: On 26 July 2011, the 200th proceeding was initiated! The BAT was developed by Martens Rechtsanwälte in 2007 and is since administered by us.
It is a novel, independent and highly efficient arbitration procedure for resolving disputes in basketball between professional players, agents and clubs. Since the first proceeding was initiated on 29 May 2011, the number of incoming requests for arbitration has dramatically increased year by year. The website of the BAT can be found here.
After a four year extremely successful term as BAT President, Gabrielle Kaufmann-Kohler and her team have handed over to Richard McLaren who was nominated by FIBA as the new BAT President in June 2011.
Please find more information on FIBAs website.
In the spring 2011 issue of the Entertainment and Sports Lawyer (a publication by the American Bar Association), Andreas Zagklis and Heiner Kahlert discuss three decisions rendered by the European Court of Justice on 17 February 2011.
The Court held that member states of the European Union may, under certain circumstances, prohibit the exclusive broadcast on pay-TV of FIFA World Cup or UEFA European Championship matches.The entire spring 2011 issue of the Entertainment and Sports Lawyer including the case discussion by Andreas Zagklis and Heiner Kahlert can be accessed here.
Martens Rechtsanwälte successfully represented the Dansk Amerikans Fodbold Forbund (DAFF) before the Higher Regional Court of Frankfurt. The Higher Regional Court dismissed an appeal against a decision of the District Court of Frankfurt.
The District Court had entitled DAFF to put certain items on the agenda of a general assembly of an international sports association and to announce these items to the other members. Following Christian Keidel's (Attorney at law, Martens Rechtsanwälte) argumentation, the Higher Regional Court of Frankfurt held that in case of a request from a minority of association members pursuant to Art. 37 para. 2 German Civil Code, the ratio of Art. 122 et seq. of the German Companies Act has to be applied mutadis mutandis. Thus, the court found sufficient that the items proposed by the Danish Federation had been sent to the other association members eight days after the time limit for the announcement of the assembly’s agenda had expired. Additionally, the Higher Regional Court confirmed that an internal legal remedy of an association can exclude the ordinary legal recourse temporarily only if the former is effective.