Oberlandgericht München January 15, 2015 Az. U 1110/14 Kart
Facts
Speed-skater athlete appeals against the decision of the District Court Munich of February 26, 2014. The Court of Arbitration for Sport (CAS) in Lausanne had followed an ISU judgment on 25 November 2009 and had confirmed the two-year ban for reticulocyte fluctuating blood values without doping test. The athlete had always denied doping and carries an inherited blood anomaly as a reason for their increased values up to the present time. In the Munich compensation process, the Berliner has the ISU therefore sued for wrongs to 4.4 million euros. Also the monopolistic position of the International Skating Union (ISU) for letting only one athlete per country taking part in international competition was an issue, this ruling goes against the antitrust law. The reason for this lies in the perception that an athlete takes part in an economic activity, consisting of offering goods for services on a (sport)market.
Also the ISU had required that the athlete signed an arbitration clause but the athlete refused.
The Higher Regional Court overturned the decision of the Landgericht München I that the award of the CAS must be recognized. The German courts were not bound in the compensation question to the CAS ruling.
Decison
The claim of the athlete partially upheld, the complaint is admissible but not ready for a decision at this moment.
