News archive 2012

Bursaspor prevails before CAS with Martens Lawyers

By decision dated 30 May 2012 UEFA excluded Bursaspor from all UEFA Competitions for the Season 2012/13, because of alleged violations of the UEFA Club Licensing and Financial Fair Play Regulations. Represented by Andreas Zagklis and Christian Keidel, Bursaspor filed an appeal against this decision before the Court of Arbitration for Sport (CAS).
On 22 June 2012 the CAS annulled UEFA's decision and decided to suspend the exclusion of Bursaspor for a probationary period of three years. Hence, Bursaspor can compete in the upcoming season in the UEFA Europa League. This is the first decision of CAS in respect of a sanction issued by UEFA for an alleged violation of the Financial Fair Play (monitoring) rules, which came into force on 1 June 2011. Please find CAS' press release regarding this case here. UEFA's statement regarding this CAS award is available here.

Heiner Kahlert comments on ECJ judgment in „Murpy“ case

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.

Along with FC Bayern AG and European Club Association (ECA) we thank over 130 participants from 25 different countries for attending our seminar “Disputes in Sports” in the Allianz Arena.

Please visit our event website for the presentations and photos.

The district court of Hamburg confirms the German Sailing Federation’s decision to propose Kathrin Kadelbach and Friedericke Belcher as part of the German Olympic Team 2012

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.

Heiner Kahlert discusses ECJ judgment in “Murphy” case

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.

Dr. Dirk-Reiner Martens gives presentation before CAS arbitrators

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 Rechtsanwälte on JUVE.de

Martens Rechtsanwaelte are now also listed on JUVE.de. For the profile please click here.  

Lectures beginning at the TU Munich

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.

Serbian football coach prevails before CAS with Martens Lawyers

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.

Dirk-Reiner Martens is a member of the JAMS International Panel of Mediators and Arbitrators

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.

Dr. Dirk-Reiner Martens is a DAA-certified mediator

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.

200th proceeding before the Basketball Arbitral Tribunal (BAT)

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.

New president for the Basketball Arbitral Tribunal (BAT)

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.

Andreas Zagklis and Heiner Kahlert discuss ECJ judgements on exclusive broadcasting

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.