We are happy to inform that Ms. Dinic fully succeeded in the dispute against the German volleyball club SWE Volley from Erfurt, which was conducted before the CEV.
The case involved issues of the premature unilateral termination under the ex aequo et bono principle, which was overlapping with the German legislation on issuing working and residency permits to athletes. Namely, the club unilaterally terminated the contract with Ms. Dinic, claiming that (i) she was fault for not obtaining the sporting visa earlier and (ii) she was unfit and her performance was not on the expected level.
After elaborating on the German legislation on obtaining sporting visas, our firm succeeded in proving that Ms. Dinic was not fault for being granted the visa later than expected. Moreover, we were able to prove that Ms. Dinic was not unfit, while her performance could not be constitute just cause for a premature termination.
The club also objected to the competence of the CEV, due to the fact that the contract referred the parties to ‘the venue’ in Erfurt. However, we succeeded in proving that such jurisdiction clause was vague and unclear, which triggered the default jurisdiction of the CEV.
