The Higher Regional Court of Düsseldorf grants athlete access to Paralympic Games based on German competition law (International Paralympics Committee)

1. Introduction In its decision of 20 January 2022, the Higher Regional Court of Düsseldorf (the “Court”) dealt with a case of a professional female snowboarder who sought admission to the 2022 Paralympic Games in Beijing. This admission had previously been denied by the later defendant, which as a registered association under German law is the sole organizer of the Paralympic Games. Under close watch of international sports media, the Court had to analyze the affected interests of the parties carefully. The case deals with questions of the scope of judicial review of sports association decisions in light of their autonomy that is protected by fundamental rights, on the one hand, and various aspects of competition law, such as discriminatory conduct and unfair impediment by dominant

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Simon Ingenbleek, Dennis Cukurov, The Higher Regional Court of Düsseldorf grants athlete access to Paralympic Games based on German competition law (International Paralympics Committee), 20 January 2022, e-Competitions January 2022, Art. N° 108221

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