On 24 May 2023, a local court of Dortmund (Landgericht Dortmund) rendered a remarkable decision that widely prevents FIFA and the DFB from implementing the FIFA Football Agent Regulations (FFAR) in Germany.[1]
Introduction
The decision is particularly remarkable since it has been rendered by way of an injunction. In contrast, previous efforts of intermediaries to challenge respective regulations by way of an injunction have regularly failed since the competent courts regularly denied the required urgency for an injunction in such cases.
Contrary to that, the Landgericht Dortmund fully granted the respective application in all aspects invoked and interdicted both the German Football Association (DFB) and FIFA to apply, enforce or implement the following parts of the FFAR:
- Service fee cap (Art. 15);
- Regulations about the maturity of payments (Art. 14.6, 8 and 11);
- Requirements as to who may and who may not pay the...
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