Hansa's Unsuccessful Legal Battle Against Unterhaching's Match Cancellation
Unterhaching triumphs in court against Hansa's dispute over a match - Unterhaching-Spiel, a competitor of Hansa, evades a lawsuit filed against them.
FC Hansa Rostock met its match, losing its appeal against the cancellation of the Third Division game against SpVgg Unterhaching, as ruled by the German Football Association's (DFB) Permanent Court of Arbitration. The independent panel found the Rostock club's complaint inadmissible and baseless.
The club from Mecklenburg-Vorpommern had previously failed in efforts to appeal to the DFB Match Committee and an administrative complaint to the Association's Federal Court.
The match between the two clubs on the 26th matchday of the previous season was abruptly called off due to the sudden closure of the Sportpark Unterhaching by the municipality.
Hansa persisted with the proceedings, regardless of the sporting victory. The cancellation was justified due to an inadequate security plan for the high-risk match. The game was rescheduled for May 7, with Hansa winning 2:0 against the eventual relegated team from Bavaria.
Hansa argued that Unterhaching was responsible for the postponement and considered it a no-show. Despite the sporting triumph, the club continued the proceedings, seeking a fundamental decision, as Hansa stated in an official response.
On its homepage, the club announced that the proceedings have come to an end. "There are no further legal remedies to resolve the issue." Hansa expressed disappointment due to the extra costs and effort caused by the postponement. Though the legal proceedings have concluded, the Rostock club is demanding a fundamental review of the relevant regulations by the DFB to prevent future competitive disadvantages.
Insights
The DFB, Germany's football association, has regulatory frameworks governing match cancellations and related disciplinary matters in competitions like the DFB Third Division. The Control Committee oversees compliance with the DFB’s statutes and regulations, handling investigations if necessary, and making decisions based on the findings and the DFB's regulations. Disciplinary cases related to match cancellations are typically ruled upon by a single judge at the Sports Court, with decisions made based on the guidelines provided by the Control Committee.
The DFB has provisions addressing match cancellations due to unforeseen extraordinary circumstances, safety, or security reasons, but these are not specific to the DFB Third Division. On the whole, match cancellations, such as in the case of Hansa’s league challenge against Unterhaching, are governed by the DFB Control Committee's investigative and disciplinary processes as per the DFB Statutes and Regulations, ensuring clubs are given the opportunity to present their statements and decisions are made following the Committee's recommendations.
- The long-running legal dispute between FC Hansa Rostock and SpVgg Unterhaching over the cancellation of their Third Division game was centered around the institutional framework of the German Football Association (DFB), as Hansa took their case through various DFB committees and courts, including the Permanent Court of Arbitration, the Match Committee, the Federal Court, and the Sports Court.
- Despite the decisive 2:0 victory against Unterhaching, Hansa's efforts to challenge the cancellation of the game were unsuccessful, highlighting the importance of the institutional framework within German football and its role in upholding safety and security regulations, even in cases where it may lead to a competitive disadvantage for clubs.
