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Bergischer HC in the legal dispute: Jamal Naji's contract lasts until 2028!
Bergische HC and coach Jamal Naji are legally fighting for an employment contract until 2028 after a controversial ruling.
Bergischer HC in the legal dispute: Jamal Naji's contract lasts until 2028!
What an exciting chapter in handball! Jamal Naji remains an employee of the Bergisches HC, as the Düsseldorf Regional Labor Court has decided. This decision follows the previous ruling of the Solingen Labor Court, although there were different reasons for this. Naji, whose contract runs until June 2028, is now facing an appeal at the Federal Labor Court in Erfurt, which was confirmed by BHC managing director Jörg Föste. The background? Naji's lawsuit against a league clause, which states that his employment relationship is tied to membership in the 1st Handball Bundesliga, is causing friction.
After Bergischer HC was relegated to the 2nd league in June 2024, the club interpreted the clause in such a way that the contract would be terminated. However, Naji and his lawyer saw things differently and sued. The Solingen labor court agreed with Naji and recognized a lack of specificity in the wording of the clause, which, according to the judges, was ineffective. What is particularly interesting is that the Düsseldorf Regional Labor Court decided that the league clause was not valid because it was not in writing. There are two signature fields in the employment contract, but only one of the managing directors signed. This deficiency gives weight to the court's ruling and could be a warning signal for many clubs.
A look at the league clause
The league clause itself is a common element in employment contracts in professional sports. It enables the employment relationship to be automatically terminated in the event of relegation, which greatly increases the risk for trainers. Paul Lambertz, an experienced sports lawyer, described the wording as standard in the industry and assumes that the Bergische HC could well have a chance of a different verdict if appealed. Nevertheless, the outcome remains uncertain. The BHC will now wait for the written reasons for the judgment and examine its further course of action. There was no settlement between the parties, and the court had originally even proposed a settlement of 250,000 euros, which was not accepted - a real dispute!
Another point on the agenda of the Bergischer HC is the contract of assistant coach Peer Pütz, who also won similar proceedings in Solingen and Düsseldorf. His contract runs until June 2026 and the decision on the appeal in this case is also still pending. Pütz was recently introduced as U23 coach at Bayer Dormagen - a successful step for him!
The changes in professional sports
Current case law could have far-reaching consequences for similar cases in professional sports. The judges emphasize the importance of correctly drafting contracts in order to prevent legal conflicts. More and more clubs are watching the Naji case closely in order to put their own league clauses to the test. It remains to be seen whether this ruling will change anything in the long term. But either way, the topic is very relevant and could give many clubs important food for thought.
A clear view of the facts and a good hand in drafting contracts are essential in professional sport, especially in times where relegation and promotion are always present. So it will be exciting to see how this case will develop further!
For more information and detailed insights, you can read the articles from Solinger Tageblatt, Deutschlandfunk and Attorney Baring read.