The Crucial Role of Granting Rights in the Insolvency Administrator’s Decision

For lawyer Bier, the presumed granting of rights by the former insolvency administrator Volker Reinhardt are the decisive points of contention in the proceedings. Whether these rights of use were granted verbally or in writing is irrelevant.

On the one hand, the court must examine whether and to what extent RWE received the right of use from Reinhardt and “whether the football club was thus granted its own right to sue”. On the other hand, it should be determined whether and to what extent the association was granted the right of use by Reinhardt and whether it only includes the RWE club logo or also the club name “FC Rot-Weiss Erfurt”. “The granting of rights of use within the scope of a name or company use is absolutely unusual outside of franchise agreements,” says lawyer Bier.

If there was permission for the logo and name in any form, the association would have a “positive right of use” and insolvency law issues would also be decisive in the legal dispute. It could even happen that the former insolvency administrator Reinhardt had to be called as a witness and asked for permission.

Only the current insolvency administrator or the legitimate RWE board can revoke any existing permission from Reinhardt. This revocation would have to take place in the course of the proceedings so that RWE can decide for itself.

The association announced on its website that the donations received would be used to finance court costs and a lawyer. The association left an MDR query about this unanswered.

A lengthy court process could be avoided if both sides agreed to a conciliation hearing. This is planned at the Erfurt district court for the end of October. If no agreement is reached, there is a risk of a contentious continuation with a total risk of currently around 2,500 euros. Attorney Bier does not expect a verdict before autumn 2024.