Wie das deutsche Magazin ‚Sponsors‘ am 28.12.12 vermeldete, könnte ein ‚Urteil des schwedischen Kartellgerichts gegen den schwedischen Automobilverband über Skandinavien hinaus Bedeutung erlangen.‘

Der schwedische Automobilverband hatte von ihm lizensierten Fahrern verboten, an konkurrierenden Rennserien teilzunehmen. Damit sah das schwedische Gericht die Entstehung von Wettbewerb verhindert. Es wurde eine Strafe in Höhe von einer Million Schwedischer Kronen (ca 120.000 Euro) verhängt. Grundlage für das schwedische Urteil sind frühere Entscheidungen des EuGH.

Das Urteil könnte Einfluss auf Europäische und Weltsportverbände haben. Diese versuchen über ihre Statuten und Reglemente unliebsame Konkurrenz zu verhindern. So ist zur Zeit im Handball die Teilnahme an multinationalen Wettbewerben genehmigungspflichtig, wenn diese nicht von EHF oder IHF organisiert werden.

Der deutsche Sportjurist Mark E. Orth empfiehlt den Sportverbänden, ihre ‚Regelungen schleunigst anzupassen‘, da künftige richterliche Entscheide deutlich teurer werden könnten.  (Zitate aus Sponsors, 28.12.12)

On 22.11.12 IHF sent a letter to all European Handball Federations. The key message: ‘The (IHF) Council also decided to distribute the compensation fees only to those clubs which agree to work directly with the IHF without any mediator other than the NFs (National Federations).’

FCH member clubs regard this to be direct blackmail.

The sentence was quoted from the corresponding IHF Council minutes, which say:  ‘The Council also decided to distribute the compensation fees only to those clubs which agree to work directly with the IHF without any mediator other than the NFs.’

The fact is that this sentence has apparently been added to the minutes at a later stage by the IHF President. In an earlier version of these minutes this sentence did not appear.

It seems that IHF/President Hassan Moustafa has produced a second version to put pressure on the clubs.  As a consequence the European National Federations could get a wrong understanding of what had really been decided by the IHF Council.

FCH believes this to be an unacceptable way of acting of the President of the International Handball Federation (IHF). FCH will take measures to rectify.

Spanish blog-de-Rosca headline: FCH prepares measures against IHF

http://www.cope.es/blog-De-Rosca/Forum-Club-Handball-FCH-prepara-medidas-contra-la-IHF.html

The American webblog www.teamhandballnews.com comments on the relation IHF – FCH:

http://teamhandballnews.com/wordpress/2012/11/ihf-continues-to-refuse-to-deal-with-the-fch-the-official-association-of-the-european-top-clubs/

On 22^nd of November 2012 IHF informed the European National Federations and some selected Top clubs that IHF will ‘distribute the compensation fees (for the World Championship in Spain) only those clubs which agree to work directly with the IHF without any mediator …’.

On 24. November 2012 the board of commented on the letter as follows:

Dear Presidents of the National Handball Federations,

dear Forum Club Handball member clubs,

as you know, Forum Club Handball (FCH) is the organization of the European Top Clubs, representing the Top 24 teams of the Championsleague, the Top 32 of the EHF Cup, the top 16 of the Challenge-Cup and all National Champions. FCH is recognized by EHF as the sole organization, representing the interests of European top clubs.

On 27^th May 2012 the 8^th General Assembly of FCH decided unanimously that ‘the FCH board shall take all necessary measures to resolve existing issues with IHF in writing, similar to the agreement reached with EHF. …. The agreement shall contain IHF commitments regarding insurance, compensation, calendar and governance.’

The following letter represents the opinion of the board members of FCH from the following clubs:

FC Barcelona/Spain

RK Celje Pivovarna Lasko/Slovenia

SG Flensburg/Germany

KS Vive Targi Kielce/Poland

THW Kiel/Germany

Lugi Lund/Sweden

Montpellier HB/France

Kadetten Schaffhausen/Switzerland

Our letter refers to the IHF letter to the European Member Federations in Europe, dated 22^nd November 2012 (see attachment).

In this letter Dr. Moustafa states that it was ‘my idea to bring the motion to include the clubs’ as stakeholders into the IHF Bylaws’. And ‘regrettably some of the European National Federations opposed this motion so that it was eventually rejected by the Congress.’

At no point IHF discussed with the clubs the implementation of clubs into the IHF bylaws. We have to state clearly that the motion of Dr. Moustafa had the only intention to enable IHF to keep control over the clubs.

(16. The IHF shall issue Statutes, Regulations … regulate the relations between its stakeholders …. The IHF shall also regulate its rights and obligations towards its stakeholders.

17. It shall control every type of stakeholders by taking appropriate steps to prevent infringements of the Statutes, Regulations …. )

IHF wanted to impose obligations on the clubs without giving any rights. For good reason this approach was rejected by a number of reasonable representatives of the European Federations.

We also have to contradict to the summary of the IHF meeting with Top Nations and Top Clubs. From club point of view IHF informed about the compensation for the World Championship 2013. Any discussion was avoided from IHF. A big number of high ranked handball officials came to a very short meeting to enable IHF to argue that they are communicating with clubs and National Federations.

The letter states that the Super Globe is organized ‘for the sole financial interest of the clubs’. According to our information IHF receives the same amount of money as the clubs receive as price money. From Europe only two clubs are participating. Our major interest is not to discuss the Super Globe – but the release of players to World Championships, Qualification for World Championships and Qualification for Olympic Games.

The letter continues: ‘The Council decided to distribute the compensation fees only to those clubs which agree to work directly with the IHF without any mediator other than the NFs’. (FCH is not a mediator, but the sole recognized by EHF organization, having the mandate to act in the name of its member clubs).

This sentence does not correspond to the information, which has been provided to us by EHF President Jean Brihault. But we understand that IHF intends to sign direct agreements with the clubs – as FIFA did in the past. The difference: In football the conditions were agreed between clubs and FIFA/UEFA.

IHF obviously intends to blackmail the clubs: If you, club, sign the agreement, you will receive the money. If you do not sign the agreement, you will not receive money.

The question arising is logical. Does it mean that the clubs which will not receive money do not have to send their players to the World Championship?

FIFA has an agreement with clubs, so does UEFA. EHF signed a ‘Memorandum of Understanding’ (MoU) with the clubs.

In December 2011 we thought to be on a good way, receiving the information from IHF Managing Director Mrs Khalifa: ‘the President … welcome your proposal to the memorandum of understanding which should be followed by a meeting with you the near further’.

Three months later we received a letter, explaining exactly the opposite: ‘we (IHF) are unable to discuss a Memorandum of Understanding at present.’

During the last weeks various FCH letters and an invitation to a meeting remained without answer.

The world has changed during the last years. Professional handball has developed rapidly. The players are under contract with their clubs 12 months per year. We strongly believe that calendar, compensation for release of player to the National team and insurance should be agreed between clubs and IHF (as it is agreed between Clubs and EHF).

We offered a couple of times to start negotiation on an agreement. We offered to enlarge FCH on world level.

As IHF refuses communication with FCH, we will have to find ways to clarify the following questions:

Does IHF has the right to decide unilaterally – without negotiating with the clubs

• all calendar issues?
• the amount of compensation to be paid to the clubs for player release?
• the type of insurance cover?

The clubs underlined from the very beginning that there should be no payments from the National Federations to the clubs for release of players to the big Championships. Such payments shall be made by EHF/IHF.

It is now up to the National Federations to decide whether they prefer to defend the interests of their member clubs or the interests of IHF President Hassan Moustafa.

At the same time it is up to the clubs to decide whether to accept being blackmailed by IHF or whether to stand up and fight for their ligitimate rights through their own club organization which is FORUM CLUB HANDBALL – The heart of the Game!

With kind regards

FORUM CLUB HANDBALL eV

(FCH board member signatures in alphabetical order)

FC Barcelona/Spain

RK Celje Pivovarna Lasko/Slovenia

SG Flensburg/Germany

KS Vive Targi Kielce/Poland

THW Kiel/Germany

Lugi Lund/Sweden

Montpellier AHB/France

Kadetten Schaffhausen/Switzerland

According to a letter, sent from IHF to all IHF member federations and some selected Top clubs in Europe on 22.11.2012, IHF will ‘distribute the compensation fees only to those clubs which agree to work directly with the IHF without any mediator … ‘.

Forum Club Handball (FCH) understands this letter as an IHF reaction on the various FCH attempts, to discuss questions like good governance, calendar, compensation for release of players to the National team and insurance on an institutional level.

During the last weeks various letters of FCH to IHF and an FCH invitation for Dr. Hassan Moustafa remained without any answer.

(For receiving a copy of the IHF letter, please contact the FCH office)

FCH starts to prepare measures against IHF, as the World Hanball Federation refuses any form of communication with FCH. During the last weeks various letters and an invitation for a meeting remained without answer (see below). The preparations shall be finalized until the start of the World Championship in Spain 2013.

3.11.12: FCH invited IHF-President Dr. Hassan Moustafa to a meeting – without receiving any answer

As former efforts to communicate with IHF remained without answer, the FCH President Tomaz Jersic invited IHF President Dr. Moustafa to a meeting in Dusseldorf on 24.10.12. The invitation remained without answer.

22.10.12: FCH offered negotiations to IHF – without answer

On 12^th October 2012, just three days after the International Handball Federation (IHF) Meeting with Top Nations in Basle, FCH offered negotiations to IHF. FCH intends to settle questions like ‘Good Governance’, calendar, compensation and insurance in writing. Similar agreements exist in Football between European Club Association (ECA) and UEFA/FIFA and in Handball between FCH and European Handball Federation (EHF). According to the IHF bylaws clubs do not have any claim to receive compensation for release of players to the WCH or insurance coverage for player salaries. The offer of FCH for negotiations remained without answer.

9.10.12: IHF-Top Nations Meeting in Basle – FCH was not invited

International Handball Federation (IHF) invited a number of top nations to a meeting at the IHF Headquarter in Basle/Switzerland. During the meeting IHF announced that the club compensation for release of players to the World Championship (WCH) in Spain will be increase for the nations, finishing 1-8^th place will we increased. In the future the clubs will receive 400 CHF per day per player, if the team finishes 1-4^th and 300 CHF per day per player if the team finishes 5-8^th place. According to our information the compensation for teams finishing 9^th-24^th and the insurance coverage for player salaries will remain the same as during the WCH Sweden 2011.

IHF will also pay a compensation fee to the clubs for future Men’s Olympic Qualification Events. The compensation will amount to CHF 400.- per player and day for teams ranked 1st, CHF 300.- per player and day for teams ranked 2nd, CHF 150.- player and day for teams ranked 3rd- 4th.

Clubs representatives present complained about the fact that none of the IHF decisions was negotiated with the clubs. FCH was not invited to the meeting.

The FCH Board and the EHFM Men’s Club Marketing Board met in Spain on 1.10.12. The elected representatives from Barcelona/ESP, Celje/SLO, Flensburg/GER, Hamburg/GER, Kiel/GER, Kielce/POL, Kolding/DEN, Madrid/ESP and Schaffhausen/SUI (Lund/SWE and Montpellier/FRA excused) discussed CL topics and the relation between Clubs and IHF.

It was unanimous opinion that the quality of the VELUX EHF Championsleague (CL) has been increased tremendously in the last years. Anyhow clubs and EHF shall increase their efforts and make further investments in the product in order to attract more spectators in the arenas and bigger audiences on TV.

IHF President Hassan Moustafa invited EHF, federation and club representatives from 11 countries (CRO, DEN, ESP, FRA, GER, HUN, NOR, SWE, POL, ROM, SRB) to a meeting in the IHF Headquater in Basel/SUI on 8.10.12. Representatives from important handball countries like ie Russia, Slovenia, Switzerland and others were not invited. The club representatives present prepared themselves for the meeting. One more time all clubs underlined their demand to base the relation between Clubs and IHF on a contractual basis.

Beside the agenda the Montpellier betting/match fixing case was in the center of discussion. Unanimously all clubs condemned the behaviour of the involved persons. All top clubs have clauses in their player contracts which prohibit betting of players and their relatives. The public interest in the case causes significant damage to the handball sports. All top clubs in Europe and their officials are requested to inform their players about the consequences of betting and match fixing for Handball in general.

FCH Managing Director G. Butzeck was invited as observer to the 9^th ordinary General Assembly of European Club Association (ECA), taking place in Geneva on 10.+11.9.12. The content of the new ‘Memorandum of Understanding (MoU)’ between UEFA and ECA was presented to the representatives of 135 football clubs. ECA Chairman K.H. Rummenigge (FC Bayern Munich, Germany) expressed himself satisfied with the document. At the same time he is ‘optimistic’ that in the near future a ‘similar agreement’ will be reached with FIFA.

The International Handball Federation (IHF) refused to start negotiations with FCH on a MoU before the next IHF Congress (which will take place in Qatar in October 2013). GB

Surprisingly IHF declared to be unable to discuss a ‘Memorandum of Understanding (MoU)’ with the clubs. The MoU was supposed to base the relation between Clubs and IHF on a solid basis. Only 4 months ago IHF stated the President welcomes the proposal of a MoU and envisaged according negotiations.

According agreements – regulating compensation, insurance and calendar issues – do exist between UEFA and European Club Association (ECA) and between European Handball Federation (EHF) and FCH. The FCH General Assembly will deal with the issue on 27th May 2012 in Cologne. GB