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Mike Glemser, here with his girlfriend Lara on his return to Rosenheim, has sued his opponent. Peter Dürr explains what you need to know about the lawsuit. © Ziegler/right
Former Starbulls striker Mike Glemser’s lawsuit continues to make waves. Very few ice hockey fans know how such a lawsuit works. Lawyer Peter Dürr from Rosenheim explains what happens next and what you should know about it.
Rosenheim – The lawsuit filed by paraplegic former Rosenheim ice hockey professional Mike Glemser against his opponent Jan-Niklas Pietsch has stirred up a lot of dust. Glemser is suing for compensation for pain and suffering plus consequential damages, the total amount in dispute is estimated at 822,000 euros. Now it’s the lawyers’ turn. The OVB sports editorial team explains with the help of Rosenheim lawyer Peter Dürr what is happening now, when a trial could take place and whether the Starbulls Rosenheim are also involved.
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Why does the Munich II Regional Court decide?
Peter Dürr: “The Munich II Regional Court is located in the middle of Munich, but has the districts around Munich as its area. And because the accident happened in Garmisch, it is viewed as a kind of crime scene, so to speak.”
Process, out-of-court settlement, Starbulls participation: This is what you need to know about the Glemser lawsuit
What are the upfront costs?
Skinny: “The court always looks at what we have in dispute. It is also known that it is relatively high. And all fees are then calculated from this value, i.e. court costs, legal fees and so on. And only when the court costs are incurred will the opponent be served with the lawsuit. This has apparently already happened because the opposing party has received the statement of claim. The plaintiff therefore paid the court costs to activate the Munich II Regional Court. The outcome of the legal dispute will determine who has to pay at the end of the day. But as a plaintiff, Mike Glemser is obliged to pay an advance payment. And if the amount in dispute is relatively high, then the costs are of course corresponding.”
Lawyer Peter Dürr: “I assume that the lawsuit assumes intent.” © private
What is the formal process?
Skinny: “The moment the lawsuit begins, the statute of limitations is suspended. The statute of limitations is currently still a long way off. The opponent has now been served with this lawsuit. Now he had to look for a lawyer, because a lawyer is required in the regional court. And then he has to announce that he wants to defend himself against the lawsuit. He certainly did that, of course, because his colleague was already ready. Now the defendant has to take a stand and the court has to examine: What is in dispute and what is not in dispute? A court does not have to take evidence about undisputed matters. The bottom line is that the whole thing initially goes back and forth in writing. And then the court says: Now both sides have made sufficient representations, now let’s make an appointment. But you can’t predict how long this will take. That might be unlikely this year. The trial will probably take place next year.”
Is an out-of-court settlement still possible?
Skinny: “That is always possible. If the two parties to the dispute agree, they only need to inform the court, then there is a so-called settlement decision and then the process is over. This is still possible during the appointment. The Code of Civil Procedure even says that the court should always work towards an amicable agreement between the parties. You actually make a comparison when the chances of success are unclear. But that is a different starting point here. The problem is: How is this to be assessed legally? This is often the subject of the first negotiations.”
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Does the five-minute penalty for Jan-Niklas Pietsch play a role?
Skinny: “That could be an indication. On the other hand, I wouldn’t overestimate it. This is a factual decision, quickly on the spot. This is certainly open to its own judicial assessment. The court can also seek expert advice. You have the regulations, including a five-minute penalty, which is sport-specific and relevant to the sport. There are two things: Was it even a foul? And even if it is, is the game situation such that you don’t actually have to expect it in ice hockey?”
Is it also about bodily harm?
Skinny: “You always need to be at fault when it comes to bodily harm. If there is no fault, there is no liability under German tort law. And this comes in two forms: negligent or intentional. Intent doesn’t have to mean intention, but rather I accept that someone will get hurt. Negligence will also be sufficient for liability. But I assume that the lawsuit assumes intent, because that can also be decisive for the assessment of compensation for pain and suffering. The act itself was also conscious. But of course I also need an illegality. And the fact that it is a contact sport plays a role.”
Attorney Peter Dürr: “I assume that the lawsuit assumes intent.”
What does it mean that the sports court did nothing more?
Skinny: “It will certainly be cited as an argument, although these are our own legal processes and legal systems. There are perpetrators who are convicted because they hit you – and yet you have to prove everything again in civil proceedings. In the end, this civil court must now judge this on its own authority.”
Mike Glemser is fighting to improve his health in rehab. Always at his side: girlfriend Lara Lindmayer. © dpa
What does Mike Glemser’s statement mean that it was more of an accident?
Skinny: “The defendant will certainly point that out. It is different than in criminal law. In criminal law, the court can obtain information itself. In civil proceedings, a so-called provision principle applies. So each party has to provide their evidence, documents, witnesses and so on. And it can be expected that the defendant will introduce this interview into the proceedings.”
To what extent will Starbulls Rosenheim, SC Riessersee and the referees be involved?
Skinny: “The fact is that the Starbulls Rosenheim are currently not involved in the process. We will always be connected to Mike Glemser because he was our employee and that happened at the game. One thing is very clear: This is a legal dispute between two people, although of course there are also insurance companies behind it, each of which has an economic interest. The video from the scene will certainly be submitted. I’m less likely to believe that the Starbulls or teammates will be named as witnesses. It’s well documented, better than any surveillance camera.”
What happens after a verdict?
Skinny: “If the decision is disputed, then one party will not like the result if there is any doubt. Of course, it is always possible that this will be appealed. I could imagine that the case will ultimately be decided by the Higher Regional Court. In principle, this is the last instance – unless they allow an appeal to the Federal Court of Justice. But for this to happen, a legal question must be of fundamental importance or the revision must be necessary to ensure uniform case law throughout Germany.”
Is prison also possible for the defendant?
Skinny: “We are not in criminal law. This is a purely civil dispute and is about monetary compensation.”
Can the ruling have an impact on ice hockey?
Skinny: “If this really goes to the Federal Court of Justice and basic standards are set there, then of course it could have an impact in one direction or the other. Although it doesn’t seem like it’s going to blow up now, because it is and remains an isolated case with a very bitter consequence.
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