The German Swimming Association is making a final attempt to avert Jan Hempel’s claim for damages – with the help of an independent arbitrator.
The German Swimming Association is making a last attempt to prevent a claim for damages from former water jumper Jan Hempel. The DSV confirmed this on ARD request. You are in one “intensive exchange” with Hempel’s lawyer Thomas Summerer and Sei “strives to find an amicable solution for all parties and thus avert a protracted legal dispute”it said in the answer of the DSV.
The association wrote that he had one “concrete offer” submitted to “timely” to reach a solution. The association leadership thus followed a recommendation of the independent review commission, which the DSV had set up in the course of the “Causa Hempel”.
Money does not play a role in the DSV offer
Hempel (51) claims to have been abused and raped by his trainer over a period of 14 years. Hempel had this in the ARD documentary “Abused – Sexualized Violence in German Swimming” reported and later announced that they would sue the DSV for damages and damages in the millions due to organizational negligence. Hempel’s longtime coach Werner Langer committed suicide in 2001.
According to ARD information, the DSV has not yet made any proposals for specific compensation payments in its current offer. An independent arbitrator should work out possible solutions. The DSV does not want to officially confirm this at the moment.
Hempel’s side received the latest DSV proposal on Monday. “We have to check the offer”, said Hempel’s manager Oliver Hillebrecht. Even if an arbitrator is used, an out-of-court settlement currently seems a long way off. When it comes to money, the fronts are hardened. The DSV even excludes compensation payments regardless of the person Hempel with reference to the non-profit law.
Expert holds DSVlegal opinion for wrong
However, not only Hempel’s lawyer Summerer thinks this legal opinion is wrong. The categorical DSV statement that compensation payments to individuals endanger non-profit status or are inadmissible “untenable“, says Alexander Scheuch, law professor and expert for association and sports law at the University of Bonn in the ARD interview.
“Even less complicated” According to Scheuch, this is the situation, should claims be justified by individuals, which in the Hempel case no one in the DSV doubts: “Then what applies to other debtors also applies: debts have to be paid.”
Hempel battered and disappointed
Meanwhile, Hempel’s constitution also speaks in favor of an out-of-court settlement. “The health track is giving me a little trouble right now”, said Hempel, who has dementia. The dispute with the DSV burdens him. “Many legacy issues, many nightmares are coming up again”, he says. Whether he has the strength for a protracted legal battle seems questionable.
Hempel is deeply disappointed by the DSV: “One always gets fragments thrown at one’s head somewhere and thinks something is going to happen – and in the end nothing happens at all.” The Hempel side wants to react to the latest DSV offer in the coming week at the latest.