Easy Daniele Biffi athlete has won, as an Italian, a German championship title in the senior class to the DLV to be the regulations changed. Now, Biffi hopes to support through the European court of justice.
Runner Daniele Biffi (l.) at a Competition in Berlin
Daniele Biffi runs fast. The 46-Year-old is one of the best indoor athletes in the senior class over 200 and 400 meters, and not only in Germany but also internationally. Eight German championship titles he has gathered already and would like to leave more to follow. But this is denied Biffi in the meantime. Since 2016, he’s not allowed to start in national Championships – because he is Italian.
Since the age of 16 Biffi lives in Berlin since 2012 and he is registered as an Athlete in Germany. But he still has an Italian passport. For four years he participated in national and international Championships, without that someone was in trouble. However, the German athletics Association (DLV) changed its rules Since then, no longer is it allowed athletes without German citizenship, to national competitions. Biffi was shocked. “When I realized that I’m not allowed to run at the German Championships, I was really angry,” says Biffi of the DW. “Athletics is not only part of my job – I’m a Personal Trainer , but it is really my passion.”
Around 50 other athletes affected
The DLV said there are several reasons for the rule change. For example, German citizens should not be disadvantaged. So it may be difficult to determine the correct date of birth of the foreign athletes, or to clarify whether you also in the home country at competitions anträten. Biffi persuade these reasons: “I have been training exactly for such Championships. It’s fun and is a big part of my life. To tell me ‘You’re coming’ I could not accept.” According to his estimate, about 50 more the older athletes in his and other age groups in Germany, the rule change affected.
Discriminated against? Easy Daniele Biffi Athlete
“The real scandal is the discrimination”
Also his lawyer, Gerald Cornish, also a track and field athlete and, in the same Berlin-based Association, such as Biffi, can not understand the reasoning of the DLV. The DLV should treat as a Federation, not individual members, depending on the nationality, says Cornish of the DW: “The real scandal is the discrimination. Actually, it’s a question of whether it is the Association of tip is allowed to grant individual members of the Association or groups of the Association of athletes who are organized under the umbrella of the DLV, at the discretion of the benefits and rights to withdraw, just as it pleases the Association.” The DLV rejects the allegation of discrimination.
The European court of justice shall examine the allegation
Biffi and Cornish have sued the DLV in front of the regional court of Darmstadt. In the city of the European athletics Association has its seat. The plaintiffs want to ensure that the new rule will be classified as discriminatory and, therefore, repealed. According to the law, the same rights would be available to all European citizens, so the argument. The district court asked prior to his own decision to the European court of justice (ECJ) to consider whether it is in this case in accordance with the applicable European law is really discrimination. This Thursday, a General lawyer will take before the court of justice. The ECJ will then announce, taking into account the opinion in the course of the year, his judgment, and the case, then, the district court references.
“Far-reaching consequences” in case of success
Sports law expert Martin Nolte: judgment with far-reaching consequences
Biffi should be, in the end, actually, it could have been the case with massive consequences for the Amateur athletes in the entire EU. Professor Dr. Martin Nolte, Director of the Institute for sports law at the German sport University in Cologne, told DW, the case Biffi could open to athletes doors, so that they could occur at any place in competition with each other. “That would have a far-reaching consequence for the sport Association of rules works, and then provide restrictions on the right to the national Championships,” said Nolte. “It could have, curiously, also, if you would allow so that a Person could be, for example, ten times national champion in ten different States.” However, according to Nolte, was by no means certain that the ECJ interpret the DLV rules so that they are prevented foreigners actually contrary to EU law, in the German Championships to compete.
“The ECJ has given to the sport organisations, in fact, always already a bit more control, autonomy, and said that it is in order, if one adheres to nationality,” says Nolte.
Silver lining for Biffi
Despite the long journey Biffi remains positive: “I always try to see the Positive in all things. What is positive?”, he asks. “Since I am disabled, I have to train even more Motivation. And in the last two years, my performance has become better.”