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Legal Communication from Attorney to Hinder Withdrawal in ASV Hamm-Westphalia

Hamm-Westfalen's ASV calls for a 19-team expansion in the German Handball League, a proposal that the league itself appears to disagree with.

Legal advisement sent to ASV Hamm-Westphalia to prohibit withdrawal, maintaining membership as is.
Legal advisement sent to ASV Hamm-Westphalia to prohibit withdrawal, maintaining membership as is.

Unfair Play: ASV Hamm-Westfalen Battles for Justice in Handball League

ASV Hamm-Westfalen is demanding a fair shake in the German Handball League (HBL) as they fight to stay in the 2nd Bundesliga. The club argues that the only just solution is an expansion of the league to 19 teams for the upcoming season, as stated in a letter from law firm Berghoff/Deppenkemper to the HBL. This call comes after the Handball Federal Court declared a match between TUSEM Essen and Dessau invalid due to Dessau playing with an illegal advantage. If Dessau loses the replay, they will be relegated instead of ASV Hamm-Westfalen. The replay has yet to be scheduled.

Vacations Cause Chaos

The replay match is scheduled to take place after the U21 World Championship in Poland. However, ASV Hamm-Westfalen fears the delay could leave them in a pickle without a decision. The other obstacle is that many players and coaches are already on vacation. According to HBL's view, both clubs would need to withdraw their employees' statutory holiday entitlement for the period from the last game of the season to June 30th and recall the players immediately. Some players are currently in Argentina and Indonesia, and their holidays were previously approved and booked.

"Whoever goes on holiday, I must say, is at fault themselves. It will definitely happen before June 30th."

Fighting for Fairness

ASV Hamm-Westfalen sees the situation differently. Setting the replay match after the last game day could lead to severe sporting and economic disadvantages for several teams, according to the legal letter. ASV can't plan whether they'll play in the 2nd or 3rd league after the summer break and cannot sign players accordingly. If they have to be relegated, they'd need to "build a team from scratch" within a few days.

The only reasonable solution, therefore, would be a temporary expansion of the 2nd league to 19 teams with only one relegation, as stated in the legal letter. "Because the problems we have now, Dessau would also have had with a late relegation," says ASV's managing director Markus Fuchs. Both clubs believe that the error leading to the replay match came from the referee. "Neither ASV nor DRHV should be punished for this," says Fuchs.

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In the broader context of German sports leagues, expanding team numbers or adjusting league structures has occurred to maintain league integrity, competitiveness, and regional representation. If the 2nd Bundesliga Handball League decides to expand to 19 teams for a fair solution, it could provide ASV Hamm-Westfalen and Dessau an opportunity to compete at a higher level based on their sporting merit and promote competitive balance, aligning with broader league trends[1][2][3].

[1] Bundesliga's Commitment to Accessibility: https://www.bundesliga.com/en/news/bfd-launches-womens-football-embassy-to-support-womens-clubs

[2] Promotion and Relegation Mechanisms in German Football Leagues: https://en.wikipedia.org/wiki/Promotion_and_relegation_in_German_football

[3] 2. Bundesliga's Partnerships: https://www.bundesliga.com/en/league/2-bundesliga

  1. After the replay match, ASV Hamm-Westfalen faces an uncertain future due to many players and coaches being on vacation, potentially causing complications with team planning and player signings for the upcoming season.
  2. In an effort to ensure fairness and competitive balance, ASV Hamm-Westfalen proposes a temporary expansion of the 2nd Bundesliga Handball League to 19 teams with only one relegation, allowing them and Dessau to compete at a higher level based on their sporting merit, similar to trends observed in other German sports leagues.

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