Earlier this month, we reported the decision of the Federal Supreme Court (Bundesgerichtshof) to hold the Olympic Sports Confederation (DOSB) liable for damages for its failure to nominate Charles Friedek, the former triple jump world champion, for the Bejing Olympic Games. On Friday, the Federal Supreme Court published the full judgment.
When I wrote the earlier post, only the court’s offical press release has been published. I had said that it remains to be seen whether the full judgment discussed, and be it as an obiter dictum, the interplay between the proceedings in the state courts and the decision of the arbitral tribunal under the rules of the German Track and Field Association. Haven read the full judgment, the answer is no – and from the point of view of the court, indeed there was no need to discuss the issue.