Germany

[DE] Hartplatzhelden e. V. Appeal Rejected

IRIS 2009-5:1/18

Anne Yliniva-Hoffmann

Institute of European Media Law (EMR), Saarbrücken/Brussels

The Oberlandesgericht Stuttgart (Stuttgart Regional Court of Appeal - OLG) has rejected an appeal by Hartplatzhelden e. V., thereby confirming the decision of the Landgericht (regional court), according to which the appellant's private video portal must not show footage of amateur football matches that fall within the responsibility of the Württemberg Football Association (WFV) (see IRIS 2008-7: 9).

As the organiser of the amateur matches concerned, the WFV was considered to be the sole owner of the relevant exploitation rights. Hartplatzhelden e. V. was deemed to have violated those rights by unfairly adopting the WFV's product, within the meaning of competition law.

Appeals against this decision were allowed because of its fundamental importance.