By Aris Barkas/ barkas@eurohoops.net
The fact is that the temporary injuction against FIBA and FIBA Europe is lifted. However, what does the Munich court new ruling means practically? Not much at this point.
Yes, the press release of FIBA and Euroleague are both presenting their own arguments, but in both cases those arguments have little to do with the new court ruling. The point of the new ruling is that FIBA and FIBA Europe are not any more “by way of a temporary injunction, subject to an administrative fine of up to two hundred fifty thousand euro or imprisonment for up to six months for each infringement – imprisonment also in the event that the administrative fine cannot be raised, to be enforced on the managing director in the case of FIBA Europe and on the secretary general in the case of FIBA -, FIBA Europe and FIBA are prohibited from sanctioning or threatening to sanction, directly or indirectly, (i) the Applicants, (ii) other basketball clubs in the geographic area of FIBA Europe, (iii) National Basketball Federations in the geographic area of FIBA Europe, or (iv) national or supra-national basketball leagues in the geographic area of FIBA Europe because of a decision or intention on the part of the entities named in (i) to (iv) to co-operate with Euroleague Commercial Assets and its subsidiaries;“, as the first ruling has decided.
Does this mean that FIBA and FIBA Europe can now sanction national federations, leagues or clubs for joining the Euroleague? According to Euroleague the answer is no and the point seems valid. The remporary injuction was lifted, because according to German law the case was not urgent. According to FIBA “the court indicated that the applying leagues and clubs were bound by CAS arbitration clauses in the statutes of FIBA Europe, which blocks them from litigation in national courts”, but that was not the cause of the final decision. And if FIBA and FIBA Europe decide to use sanctions again, then Euroleague will probably use the same road and go to a national court again.
At this moment, no federation, league or club is sanctioned, Euroleague and FIBA are in a standstill and their two first meetings on the court ended up with clubs being able to register both in Euroleague and in the Eurocup.