FIBA Europe filed an objection against the preliminary injunction issued by a single judge of the Regional Court of Munich (first instance) upon the request of Euroleague Commercial Assets (ECA) and 13 other applicants.
The preliminary injunction, barring FIBA and FIBA Europe from sanctioning, or threatening to sanction, national federations, national leagues and clubs in Europe, was issued a few days after the Board of FIBA Europe had decided anyway that no national federation, league or club was sanctioned. Apparently the application for the injunction was only filed to coincide with the registration period for the Eurocup competition, which is announced to end on 13 June 2016, and with the opening of the admission process for the Basketball Champions League this week.
The application for the injunction does not contain all relevant facts which would most probably have excluded such injunction if they had been presented to the court in the first place.
Moreover, FIBA and FIBA Europe were not invited to present their own position before the court took its decision, i.e. the court only considered the one-sided submission by the applicants.
Despite that, the court dismissed the request by the applicants to oblige FIBA and FIBA Europe to publicly declare that clubs and leagues are free to register with Eurocup. It is important to know that the registration of clubs for European club competitions is always subject to the regulations and decisions of the respective national federations which are under no circumstances bound by the preliminary injunction.
The preliminary injunction is thus only a temporary measure that has already been contested by FIBA Europe and that can be overruled by the same or a higher court after receiving the legal opinion also of FIBA Europe and in particular all the missing facts which will be presented to the court by FIBA Europe in its underlying reasoning of the objection.
FIBA Europe has already asked the Regional Court of Munich for an immediate hearing in order to achieve an annulment of the preliminary injunction as soon as possible.
FIBA Europe continues to assume that ECA, by the way its corporate group organises its Eurocup and Euroleague competitions, is infringing European antitrust law, and it will continue fighting against such illegal practice in order to protect the interests of all stakeholders in European basketball.