German media are reporting that former world-class triple jumper Charles Friedek has won a legal judgment against the German Athletics Federation worth possibly $150,000. Charles sued because he said he should have been on the 2008 Beijing Olympic team. He’s now 44, and masters blogger Alfred Hermes wrote Charles an open letter, urging his return to competition: “You could enrich the M45 in the coming year. The possible damages of more than 100 thousand euros would indeed hardly allow you to sit down to rest, but it would easily be enough to finance travel to championships. As a prominent active, you could contribute to the Masters Sport to gain recognition and the triple jump on zuwerten. Maybe you can even do it for “World Best Masters” and will receive an invitation from the IAAF Gala in Monaco.”

Here’s the usual funky Google translation of the blog and news report:

Open letter to Charles Friedek
10/16/2015 16:00

Dear Mr. Frýdek. I hereby congratulate you on winning the legal dispute with the German Olympic Sports Confederation (DOSB).

Seven long years they fought in court to clarify the injustice of your non-nomination in the triple jump at the 2008 Olympic Games in Beijing. They had the Olympic standard met twice within a competition. In arbitrary interpretation of the statute in charge demanded from you the standard compliance in different events. That was not right, as the current sentence is.

At that time, they decided to keep going in spite of deep disappointment with the sport. Today you give your knowledge as a national coach to the male offspring in the triple jump on.

As Active in Masters Sport itself would offer you the opportunity to get your former dreams and choices in turn undergo true. You could enrich the M45 in the coming year. The possible damages of more than 100 thousand euros would indeed hardly allow you to sit down to rest, but it would easily be enough to finance travel to championships. As a prominent active, you could contribute to the Masters Sport to gain recognition and the triple jump on zuwerten. Maybe you can even do it for “World Best Masters” and will receive an invitation from the IAAF Gala in Monaco.

Backgrounds, ratings and press releases

The FAZ (1) writes to the judgment: “He who has the former triple jumper Charles Friedek experienced in training again, who knows that he only gives up when he is truly broken or if he has won.”. The DOSB has also Friedeks today’s employers, the legal and therefore morally pulled the German Athletics Association (DLV), the short straw.

After Friedek had become world champion in the triple jump in Seville in 1999, reported the Berliner Zeitung [# Article BZ] (2) that his professional desire for athletics was, not having to work.

Following the rejection of the nomination to the 2008 Olympic Games are Friedek felt loud FAZ (3) deeply hurt. And rightly so, as we know today. If the DLV federation chief Dr. Clemens Prokop after the verdict, according to DPA (4) says, a case Friedek would today so no longer possible because of the DLV, the gap in the rules have been closed, this does not change the begangenem to Friedek wrong. Rather demonstrates the statement that legal rights can sometimes rise above perceived justice and meaningfulness: Who consecutively achieved twice in a competition the Olympic standard, has probably done more than that which arises after relaxing and regenerative break a second time the challenge.

The former triple jump world champion Charles Friedek has triumphed by his missed Olympic participation in Beijing in years of litigation with the DOSB. The Federal High Court in Karlsruhe ruled on Tuesday that the DOSB have “culpably” violated as a monopoly association to nominate athletes his duty. This had previously been the Landgericht Frankfurt found any error of law. “He will be relieved that this judicial marathon is now resolved legally,” said Michael Lehner, the lawyer of Charles Friedek, about his client. The former world-class track and field athlete had sued for damages for his missed Olympic start in 2008. With the revision process under the presiding judge Alfred Bergmann a seven-year long dispute in the Leverkuseners with the DOSB had gone into the third and final instance. “This is now only once a basic judgment of the BGH. (…) We can say only more content if we have received the written judgment and reasoning know,” it said in a first statement of the DOSB.

Amount of damages still open

About the amount of damages the Landgericht Frankfurt must now decide. Charles Friedek calls 133,500 euros for lost sponsorship, prices and entry fees. But perhaps it will not come to another process, but to an out of court settlement. “I would hope that both parties sit down at the table,” Michael Lehner said. The now 44-year-old had jumped at the meeting in Wesel in June 2008 as required by the DLV standard width of 17 meters twice, however within this a competition. The DLV demanded that they be furnished at two different events – but that was then not clearly established that. Then, the triple jumper was not taken after a DOSB decision to Beijing. He was ever proposed by DLV for the German Olympic team, but the triple jumper had previously successfully tried the German Sports Arbitration.

DLV has closed gap in the regulatory framework

A case Friedek would today so no longer possible because of the DLV, the gap in the regulatory framework already closed. “We accept the verdict to the attention and the verdict will study at our leisure. The Nominirungsrichtlinien were temporarily adjusted so that there can be no more discussions for future cases,” said association director Dr. Clemens Prokop, in the judgment. The 73-minute BGH Negotiation of the II. Civil Division under the Chief Judge Alfred Bergmann on 21 July had taken place on the day exactly seven years after the non-consideration of Charles Friedek by the DOSB.

Unsuccessful today’s junior national coach had remained for triple jump in 2008 when trying to enforce before the Landgericht Frankfurt in an emergency procedure, that it is taken to China. His appeal before the Higher Regional Court (OLG) Frankfurt failed. The indoor and outdoor world champion from 1999 strove thereafter to damages. He complained initially before the Landgericht Frankfurt – and got there 15 December 2011 law. But the OLG set aside that judgment on 20 December 2013 again. The long dispute is unique in German sports. Source: German Press Agency (dpa)