Germany

By Schimke, Martin | The International Sports Law Journal, January-April 2007 | Go to article overview

Germany


Schimke, Martin, The International Sports Law Journal


1 Introduction

Hardly a transfer deal in professional football is concluded without the involvement of players' personal agents. Professionals in other areas of sport, and even lower-ranking athletes, are using the services of a "personal manager" too. These advisers, who are often called "managers" or, in team sport, "players' agents", represent their sports clients in negotiations with the clubs, promoters and sponsors. However, depending on the scope of their actions, the legality of what they do can be dubious. Whether and in what form the non-legal advising and placement of athletes is permissible depends, in essence, on compatibility with the following laws:

* Code of Social Law III (Sozialgesetzbuch, SGB III) (1)

* Act on Rendering Legal Advice (Rechtsberatungsgesetz, RBerG)

* Civil Code (Burgerliches Gesetzbuch, BGB), in particular [section][section] 312 and 355 ff. (2)

* Trade Regulations (Gewerbeordnung)

2 Licence to act as players' agent no longer required

The liberalisation of the labour market in 2002 also brought about considerable changes for the profession of players' agent.

According to [section] 291 Para. 1 SGB III old version, a licence was required for player agency unless one of the exceptions listed in [section] 291 Para. 2 applied. In the field of professional sport, player agency is the placement of those seeking work or employment. [section] 291 Para. 1 SGB III old version was abolished with effect from 27 March 2002.

Nowadays, any natural or legal person can set up as a private employment agent and offer the corresponding services without a special licence.

[section] 292 SGB III only provides for the possibility of introducing compulsory licensing in the area of international placement, whereby the Federal Ministry of Economic Affairs and Labour can decree by Statutory Order that international placement for certain professions and activities is the reserve of the federal labour office, the Bundesagentur fur Arbeit. The purpose of this authorisation by decree is to place restrictions on international placement when such restrictions are necessitated by labour market conditions.

Although the federal legislature has not yet made use of this authority. (3) Thus private employment agents no longer require a licence to engage in placement activities from and to other countries, which again is a far more liberal arrangement than under the old legal situation. According to [section] 292 Para. 2 SGB III old version, employment placement outside the European Union or an EMU contracting state required a special licence from the federal labour office, the Bundesanstalt fur Arbeit, which could only be issued subject to strict criteria. This licensing requirement was also abolished with effect from 27.03.2002.

However, compliance with the obligation pursuant to [section] 14 Trade Regulations (Gewerbeordnung) to notify the competent industrial inspection authority continues to be mandatory. Such notification is likewise required under [section] 14 Para. 1 (2) if the business is relocated, the object of the business is changed or the business is discontinued.

If the intended activity does not qualify as a trade (for instance in the case of job placement by public-law bodies without a profit motive (4)), no trade registration is required (5).

Sanctions may be imposed under the Trade Regulations (Gewerbeordnung). For particularly serious breaches of the rules on job placement, the most severe penalty is a prohibition of gainful economic activity, [section] 35 Gewerbeordnung.

A players' agent must be prohibited from engaging in gainful economic activity in the event of his untrustworthiness pursuant to [section] 35 Para. 1 Gewerbeordnung. The notion of untrustworthiness is a vague legal concept. If the trader is to be deemed untrustworthy, the competent authority no longer has any discretionary authority and the trader must be banned from gainful economic activity.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Germany
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.