News Mandate Gleiss Lutz Wins Injunction For

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News Mandate Gleiss Lutz Wins Injunction For

NEWS MANDATE 08.06.2016 GLEISS LUTZ WINS INJUNCTION FOR EUROLEAGUE BASKETBALL Euroleague Basketball has secured an important legal success in litigation against the International Basketball Federation FIBA and the European Federation FIBA Europe: on 2 June 2016 Munich District Court I granted the petition of Euroleague Basketball and a number of basketball clubs and leagues to prohibit FIBA and FIBA Europe, by way of a preliminary injunction, from sanctioning or threatening to sanction clubs, directly or indirectly, for participating in Eurocup competitions. As from now, FIBA may not in particular exclude or threaten to exclude national teams from international competitions if clubs from the respective countries take part in the competing Eurocup competitions. The background to the legal action is the question of who is allowed to organise the European club competitions in basketball. Euroleague Basketball is an undertaking founded by several European clubs and leagues and has been organising the European competitions Euroleague and Eurocup for clubs of the two top levels since 2000/2001. FIBA was accused of using sanctions to prevent clubs and leagues from participating in either of the two European competitions organised by Euroleague Basketball thereby abusing its regulatory powers to promote its own newly established competition FIBA Basketball Champions League. The injunctive proceedings serve the purpose of enabling Euroleague Basketball to organise its competitions for the coming season in particular. Gleiss Lutz conducted the proceedings on behalf of Euroleague Basketball, ten prominent European clubs and two leagues before Munich District Court I, thereby securing the present preliminary injunction. The European Commission is also reviewing a complaint of February 2016, filed by Euroleague Basketball because of FIBA’s abuse of its regulatory powers, which will be further pursued regardless of the decision of Munich District Court I. FIBA, in turn, also filed a complaint to the European Commission in April 2016. This complaint is likewise yet to be decided. The following Gleiss Lutz team acted for Euroleague Basketball and the relevant clubs and leagues: Dr. Petra Linsmeier (partner, Competition/Antitrust) and Dr. Andreas Wehlau (partner, Intellectual Property) (both lead, Munich), Jana Löffler (Competition/Antitrust, Munich) and Dr. Niels Lutzhöft (Intellectual Property, Munich). The proceedings at the European Commission are handled by Prof. Avv. Massimo Coccia and his team from the law firm Coccia De Angelis Pardo, Italy. 1 PRESS Melina Merz Lautenschlagerstraße 21 70173 Stuttgart T +49 711 8997-366 E [email protected] EXPERTISE Competition / Antitrust Dispute resolution, litigation and arbitration Unfair Competition 2.

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