Senior Researcher Antoine Duval quoted in a comprehensive BBC article on the Pechstein ruling challenging the future of the Court of Arbitration for SportPublished 19 February 2015
The Pechstein ruling by the OLG Munich is ground-breaking because it challenges the mere existence of CAS. Indeed, the Court held that CAS was not independent enough from the sports governing bodies (FIFA, IOC, etc...) and therefore that the arbitration clause underlying its competence and imposed by the SGBs constitutes an abuse of dominant position in the sense of the German antitrust rules. Hence, the OLG considered that its awards cannot be recognised by the German Courts.
For more information on the Pechstein case see Antoine’s blog post on the ruling and his rough English translation of the ruling.