Sample procedure against Borussia Moenchengladbach before international sport Court of Justice

(openPR) - since at the end of January 2007 is pending a sample law case between Sekondi Haasacas FC and Borussia Moenchengladbach before the international sport Court of Justice (CAS) in Lausanne.

Our member, attorney Holger Thiess from Hamburg, represents the Ghanaian association in a sample procedure because of the transfer-legal treatment of a Leihgebühr. The African demand proportionate transfer proceeds of the German Bundesligisten Borussia Moenchengladbach, that the player Lawrence Aidoo for 18 months to the 1. FC Nuremberg had lent.

Attorney Thiess sees the procedure as sample complaint. Because a clause to reason, which is typical for modern transfer contracts, is appropriate for the law case: Beside a fixed payment a portion of 15% for further transfer proceeds had been assured to the delivering association Sekondi.

CAS will now to examine to have, whether the interpretation of the FIFA, after which Leihgebühren to such transfer proceeds does not belong is applicable. It should - for which some speaks - Leihgebühren also as transfer proceeds is regarded, then many smaller associations would profit, possibly even retroactively. All such contracts would be to be examined again.

In the concrete case Borussia Moenchengladbach had transferred the player Lawrence Aidoo for nearly 18 months after Nuremberg and had taken in in this time a Leihgebühr of € 200,000, 00. The contract between Moenchengladbach and Nuremberg expressly as “„transfer contract “was defined, the player did not return to its rental business time no more to Borussia.

From view of attorney Holger Thiess is clear the legal situation thereby. In addition it comes that the past interpretation of the FIFA, which a transfer participation plans only in case of the sales almost in-loads for evasion or for abusive contract design. The decision may be expected with tension.

Largest problem for the Ghanaian club become impoverished in the meantime are high law costs. For each a party are pre-payments at a value of approx. € 10,000, 00 (!) to be furnished, those by 28 February be deposited must it remains waiting for whether sport friends are, who seize the African under the arms.

20-20-11 lawyer federation service GmbH
With the straw house 24, 20097 Hamburg
Tel 040/65 79 35 78
info@anwaltbund.de
Press contact: RA Kay Uwe Templin

20-20-11 lawyer federation service GmbH is the service bureau of the country wide network of the same name of independent technical and attorneys. The lawyer network was created in the year 2006 and combines lawyers from regionally operating Kanzleien.

The service GmbH furnishes services for the member lawyers. Each lawyer receives its own (if necessary additional) Internetauftrit, and over www.such-den-anwalt.de as well as over the country wide call number 01805/20 20 11 a Auskunfts and a Vermittlungsdienst are ready placed. This made applied by the Dienstleister actively admits and. Characteristic: For each right area and/or for each region is available exactly a selected partner (technical and/or general representative).

Beyond that the Servcie GmbH offers current information to the lawyers for iurisdiction and to the newest developments on the legal advice market. When desired press releases are written. With increasing size numerous further services, among other things in the context of co-operation, will come in addition.

Dieser Artikel wurde veröffentlicht auf
OpenPR - http://openpr.de/news/121500/Musterverfahren-gegen-Borussia-Moenchengladbach-vor-Internationalem-Sportgerichtshof.html