The juridical situation seems to clear bit by bit. How might be confessed in general, complaint has been lodged against the extraordinary meeting of the members of the DTU from the 21st of February, 2016. Today was the hearing at the district court in Munich. Result: everything went rightfully.
Let´s remember: Shortly after become known of the results from the extraordinary meeting of the NWTU, DTU-president Soo-Nam Park, at that time still being in office, has tried to call off the by the next day timed extraordinary meeting of the DTU, with a short notice by email. Strictly speaking at 2 o’clock in the morning, just 9 hrs before meeting beginning. Supposed reason: The TUBW would have cancelled the application, the basis would not be given with it any more.
Nevertheless, the extraordinary meeting of the DTU took place – with known results. Against this, the regional associations TUBW, TVBB, TUSW as well as the recalled vice president Breitensport, Michael Bussmann, made a complaint at the district court of Munich.
With the today’s hearing there was for the plaintive parties, however, a bad surprise. The court joined in almost all points of the argumentation of the DTU which was represented by lawyer Dr. Thomas Fritag from Hückelhoven (North Rhine-Westphalia). The court recommended to the plaintiffs furthermore withdraw the complaint.
Our conclusion
The result comes anything but unexpectedly. The legal situation is unequivocal, on the basis of the DTU statute. The extraordinary meeting was called up statutory by a decision of the DTU-committee in December, 2015. The suitable protocol carries even the signature of president Park. From this time the reasons for the convocation are not relevant any more. The decision of the DTU-committee is valid, as long as this is not canceled by a new committee decision. The president is not to be tilted to high-handed cancel the decision of his committee.
What remains is the hope that finaly this result can bring some sanity to the applicants, to ensure that all parties can continue on their main Focus: The interests of the sport and the members they represent!