With the support of FCH, 17 Bundesliga-Clubs won the 1st instance of the court case against German Handball Federation (DHB) and International Handball Federation (IHF) and lost the 2nd instance at the high court OLG Düsseldorf.
After the positive decision of the 1st instance, the Council of the IHF changed 4 points of the ‘Regulations for International Transfers’ in favor of the clubs:
- The overall release period was limited to 60 days per year (plus Olympic Games).
- The overall period for Championships (including preparation period) was limited to 29 days.
- The IHF obliged itself to play compensation to the clubs for the release of players to the World Championships.
- The IHF obliged itself to provide an insurance of player salaries in favor of the clubs.
These changes are positive for the clubs, but:
- The amount of compensation, paid to the clubs, is not negotiated or even defined.
- The insurance services are limited to 3 months, which is not sufficient in case of severe injury.
- All regulations can be changed in the next Council meeting without any influence of the clubs.
IHF always has the possibility to change the regulations again, once the trial is over.
The court of the 2nd instance (the Oberlandesgericht Düsseldorf) decided that
- The case is not admissible due to a lack of legal interest.
- IHF has changed the regulations effectively.
- The statutes of IHF are not a violation of European competition law.
- The regulations of the IHF are not harming the competitiveness of the clubs.
- The behavior of the IHF is not an abuse of dominant position.
- The case is not of general importance.
- An appeal against the decision is not permitted.
Anyhow it is possible to appeal to the 3rd instance against the decision of the 2nd instance that an appeal is not permitted. In case of a positive decision, the 3rd instance will deal with the case immediately.
The board of FCH will deal with the case during the next ordinary board meeting on 19/20th October and decide whether to proceed with the Trial or not. GB