The German Higher Regional Court of Düsseldorf holds that a paralympic organisation abused its dominant position by denying an athlete access to the Paralympic Games (International Paralympics Committee)

1. Introduction

In its decision of 20 January 2022, the Higher Regional Court of Düsseldorf (the “Court”) dealt with a case of a professional female snowboarder who sought admission to the 2022 Paralympic Games in Beijing. This admission had previously been denied by the later defendant, which as a registered association under German law is the sole organizer of the Paralympic Games.

Under close watch of international sports media, the Court had to analyze the affected interests of the parti...