Permanent court of arbitration for clubs and corporations in the licensing leagues

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The permanent court of arbitration for clubs and corporations in the licensing leagues (short form: permanent court of arbitration ) is a court of arbitration between the league association , its GmbH subsidiary DFL and the DFB on the one hand, and the clubs and corporations participating in the Bundesliga and 2nd Bundesliga on the other.

According to § 1 of the arbitration contract (SGV), the permanent arbitration tribunal decides in particular on disputes relating to admission to the two federal leagues as well as on club actions by the DFB. According to § 2 SGV, the permanent arbitration tribunal can only be called upon by a party if a (legal) body of the league association, the DFL or the DFB (e.g. the DFB sports court or the DFB federal court) has already issued a final decision has been made.

The permanent arbitration tribunal decides according to § 3 SGV with a chairman and two assessors. The acting chairman is the former judge of the Federal Constitutional Court , Udo Steiner . According to § 8 SGV, his arbitration award has the effects of a final judicial judgment between the parties. Since the permanent arbitration tribunal is therefore an arbitration tribunal i. S. d. §§ 1029 ff. ZPO , its arbitration award can only be challenged before a state civil court within the narrow limits of § 1059 Paragraph 2 ZPO. The competent court for this is according to § 11 SGV i. V. m § 1062 Abs. 1 ZPO the OLG Frankfurt am Main .

More recent decisions

Recently, decisions have been made on the 50 + 1 rule , Dynamo Dresden and MSV Duisburg :

Because of repeated riots by "Dynamo fans" in the second round match of the DFB Cup on October 31, 2012 at Hannover 96 , Dresden was excluded from the DFB Cup 2013/14 by the DFB Sports Court on December 10, 2012 . The DFB Federal Court upheld the decision on March 7, 2013. On May 14, 2013 the Permanent Court of Arbitration also agreed. On June 14, 2013, the Higher Regional Court of Frankfurt am Main rejected the application for an injunction regarding admission to the DFB Cup for the 2013/14 season as unfounded (Az. 26 SchH 6/13) . Due to the Dresden exclusion, the Württemberg Football Association was allowed to send a second team to the first main round of the DFB Cup. The Neckarsulmer Sport Union was the successor .

MSV Duisburg was finally refused the license for the second division season 2013/14 by the licensing committee of the league association on May 29, 2013 due to the lack of evidence of economic performance. The permanent court of arbitration called by the MSV confirmed the license withdrawal on June 19, 2013. So that actually remained sporty as table 17. Relegated SV Sandhausen also in the 2013/14 season in the 2nd Bundesliga.

Hertha BSC was relegated to the 2nd Bundesliga after the two relegation games after the 2011/12 season against Fortuna Düsseldorf . The Berliners had unsuccessfully sued the DFB sports court and the DFB federal court against the evaluation of the relegation second leg in Düsseldorf. An initially considered appeal to the Permanent Court of Arbitration was finally dispensed with.

Because of the so-called 50 + 1 rule in the statutes of the DFL, the President of Hannover 96, Martin Kind , had called on the permanent court of arbitration. It decided on August 30, 2011 that the 50 + 1 rule remains in effect, but that the key date regulation regarding majority shareholding ("before 1.1.1999", Lex Leverkusen and Wolfsburg ) must be abolished.

Individual evidence

  1. ↑ DFB: Draft of the arbitration contract as Appendix II to the licensing regulations (in .pdf document from p. 36; 2.4 MB) , accessed on June 19, 2013
  2. ↑ DFB: Court of Arbitration confirms cup exclusion for Dresden , accessed on June 19, 2013
  3. ↑ Press release of the OLG Frankfurt am Main from June 14, 2013 , accessed on June 19, 2013
  4. ↑ kicker.de: Dresden Exclusion: State League Profits , May 20, 2013, accessed on July 1, 2013
  5. ↑ DFB: Court of Arbitration confirms license refusal for Duisburg , accessed on June 19, 2013
  6. ↑ spiegel.de , accessed on June 19, 2013
  7. ↑ spiegel.de , accessed on June 19, 2013
  8. ↑ DFB: 50 + 1 rule remains , accessed on June 19, 2013