THE SETTLEMENT OF FOOTBALL DISPUTES IN GERMANY

The German Football Association (DFB) has established its own dispute resolution bodies, including the DFB Arbitration Court, which have exclusive jurisdiction regarding disputes arising from employment contracts, transfers, and disciplinary proceedings within German association football.

However, the question of jurisdiction may require closer examination in certain cases.

This is particularly relevant in cases with an international connection, where, depending upon the specific circumstances, for example, international football transfer disputes, either FIFA, the world governing body of football, acting through the FIFA Dispute Resolution Chamber (DRC), which operates under the umbrella of the FIFA Football Tribunal, or the Court of Arbitration for Sport (CAS), may have jurisdiction, especially for appeals from decisions of the DRC.

The CAS also has jurisdiction in appeals against decisions of the DFB Arbitration Court, as well as in mediation proceedings, which the CAS offers as a non-binding dispute resolution mechanism.

Further appeals from CAS are legally possible, in limited circumstances, to the Swiss Federal Supreme Court.

Questions of jurisdiction also arise in football disputes in Germany, when, in addition to the regulations of the DFB, other areas of national law are involved.

For example, this applies to national contract disputes where national labour law issues are central to the case. In such cases, the German civil labour courts have jurisdiction.

Another issue that regularly arises in football disputes in Germany is which law applies to them.

Generally, the parties are free to determine this in their contracts. If no valid agreement on applicable law has been reached when contracts are signed, German law often applies to disputes that have a connection with Germany, even where the dispute itself has an international dimension, for example, a football player with a foreign nationality.

All the parties involved in football disputes in Germany – and, indeed, internationally – are entitled to due process and a fair hearing.

We act in disputes relating to the German Football Association regulations and in contractual disputes with a connection with Germany, and further information is available from the Head of our German Practice, Oliver Fischer, by emailing him at fischer@valloni.ch.