Samassekou: OLG confirms TSG

After the district court Heidelberg, the Higher Regional Court (OLG) Karlsruhe also advocated the demand of the French intermediaries as at the term. While these had created contact with their then Schützling Samassekou on request at the beginning of 2019, in mid-July, a representative of the Bundesliga club after filing had even sent a concrete draft contract to Classico. Shortly before, however, Samassekou had apparently separated from the agency. "According to the present situation, a contact to a new player was only possible for the defendant association with which negotiations had to take place. It was therefore unable to assume that a compensation obligation arises, unless this consultant is concerned contributed to the conclusion of the contract. However, this was due to the complaining player agent in a row of the agency change by S. (meant Samassekou, d. Red.) No longer the case, "says in the press release of the OLG.

In fact, Samassekou changed in mid-August 2019 for around 12 million euros from RB Salzburg to Hoffenheim, but does not convey from Classico, but by the famous-notorious agent Mino Raiola. Unclear appears in the previous transfer negotiations the role of the brother of the professionals. Legally, the OLG assesses the exchange between Classico and the Hoffenherman at best as an agency agreement. In contrast to such a ", the brokers owes the mediation of the employment contract and thus an active impact on the final readiness of the player". If the court had recognized the conclusion of a detection broker contract, the club would possibly be asked to pay. In general, however, this would mean that the contact of a club to an agent would have a remuneration according to evidence, which should hardly be practical.

In individual cases Samassekou, however, already asks how far the negotiations advanced between old agency and new employer, before the 26-year-old succeeded the counselor. For the first thing, however, the matter is completed because the responsible Senate has not approved the revision. The French still remained the possibility to appeal against the non-admission complaint at the Federal Court of Justice BGH.