BGH is critical of many DFB rules for players’ agents – Rogon lawsuit

decision pending

Since Tuesday, the Federal Court of Justice (BGH) has been examining the extent to which the German Football Association (DFB) may interfere in the lucrative business of players’ agents. In the three-hour hearing of the Karlsruhe cartel senate, it became clear that the judges consider the DFB regulations for the area to be problematic in a number of points. However, the obligation to register and the restrictions to protect underage players could remain in place.

However, the judges also saw open questions and wanted to consult intensively again. They also did not rule out appealing to the European Court of Justice (ECJ). The decision will be announced in the next few weeks, a date has not yet been set.

The background to this is a lawsuit brought against the DFB by the influential player advisor Roger Wittmann. The rules that came into force in 2015 stipulate, among other things, that players and clubs may only work with agents registered with the DFB who have also submitted to the association’s statutes. Agreed payments must be disclosed. In order to protect underage players, no commission may be collected when they are placed.

The Frankfurt Higher Regional Court had agreed in some points with the DFB and in other points with Wittmann’s agency “Rogon”. Both sides have appealed against this verdict.

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