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Everything posted by Ghostwalker
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Initially in Sweden this was a case between SBF (Swedish car sports federation) and an alternative new motorsport federation called Motorsportalliansen (MA). The situation was the same, SBF considered themselves to have the right to implement loyalty clauses that would mean a ban on drivers and staff from entering events organized by other competing Swedish motorsport federations such as MA and a very heavy fine if they still would ignore the ban. This was brought to court by SBF and marknadsdomstolen (MD). SBF wanted MD to get an advance ruling from the EU-court in Brussels which MD agreed on since they considered it their obligation as last instance to get such a ruling from the EU-court if there were questions regarding the EU-rules for such matters if they could be decided by guidance of principles that had been set as praxis. The ruling was that even if some of the claims from SBF that they provided sports for all, that they supported child and youth sport, that SBF made sure that competition was held under equal and fair forms wouldn't be helped by the ban asked by SBF. MD considered that even if these claims were legitimate, a test was needed to determine if the rules that SBF wanted to use, was necessary and proportional to fulfil the purposes mentioned above (aka the claims). MD found that even if the rules/loyalty clauses that SBF wanted to use could be considered to have a good purpose, MD ruled that total ban would to be to go to far and the purposes that SBF claimed that SBF needed the rules (ban) for could not justify the competition preventing rules. MD also found/ruled that neither could SBF rules be considered to be justified by the exception in the 2 chapter § 2 in KL (konkurrenslagen (KL) / antitrust law) and article 101.3 FEU (not sure what that is), The SBF rules could also not be justified by chapter 1, § 2 in KL which relegates agreements between employers and employees. Since MD is the highest instance for these types of matters this ruling could not be appealed further. For the latest part regarding employers and employees, I would assume that it means that drivers (riders) should be considered as self-employed freelancers that can work for anyone anywhere at anytime. The FIM hires them for the SGPs but that does not means that they have exclusive right to the riders and these are free to take up other offers on work when/where/however they like without anyone give them bans or fines for doings o. As I said and as it says, this ruling was based on the laws of the Europeans Union and an advanced ruling from the EU-court. You can read the ruling here: http://www.notisum.se/rnp/domar/md/MD012016.htm http://www.marknadsdomstolen.se/Filer/Avg%C3%B6randen/Dom2012-16.pdf A couple of articles: http://www.delphi.se/$-1/file/nyhetsbrev/svenska-artiklar/1303-eklundlundgrennielsen-konkurrensrattsliga.pdf http://www.svd.se/sport/privat-bilsportforbund-fick-ratt_7770950.svd http://rod.se/marknadsdom-hot-mot-den-ideella-sektorn http://www.kkv.se/t/Page____7981.aspx http://www.bilsport.se/artikel/motorsporten-riskerarfalla-samman-efter-dom/
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You have said this before but I find it very hard to believe (not your fault though as I assume that it is what they tell you) since it only seems to have arisen as a concern after last year's successful European Championship. The EC is not a new competition so why suddenly has the riders doing both SGP and EC become a problem for FIM? Look at Rally cross, they have a WC, a EC and national championships. Although to my knowledge no driver is doing both series (too much costs I would assume) if a couple drivers would want to do both, I don't think the FIA would have anything against it.
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I can't see any other way out then that FIm and their actions will be taken to court where they most likely will loose. As far as Europe and the EU goes FIm cannot ban riders from participating in events of competing Federations. We have/had a similar situation in Sweden where Swedish federation SVEMO tried to block riders with a Svemo license from participating in events organized by Swedish Folk speedway/Swedish Motorsport alliance. This was taken to Swedish court were it was deemed to violate the rules of free movement of goods and services within the European Union. So I can't see how this could be anything different. And it will also be interesting to see what happens if the riders start to violate this, Are they really going to ban riders like Woffinden, Hampel, Pedersen, Iversen, Jonsson if they would ride in i,e. best pairs event?
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2014 European Speedway Championships
Ghostwalker replied to DutchGrasstrack's topic in International World of Speedway
Great. This is the best soap opera ever. -
Big Fat 40... Help On Which Gp To Do.
Ghostwalker replied to Walshy1974's topic in Speedway Grand Prix and Speedway World Cup
The GP was pretty good for a temporary track and the arena was very nice. I have been to Stockholm many times and it is a very nice city. Some say it's expensive but it's not more expensive then you make it. The weather is like in Britain, a bit unreliable and it's hard to know until a week or so in advance whether it will be good or bad. I really hope that the Stockholm Grand Prix will get a summer position for 2015 but I don't think it's likely as long as there is two GPs in Sweden. -
Costs Of Running In The Swedish League
Ghostwalker replied to Speedwaycrazy's topic in International World of Speedway
Its a long story but basically clubs wanted more influence. Agreement was reached with Svemo an the clubs initiative to start the joint organization SSI and when it launched clubs backed out from their part of the financing, leaving Svemo with all the costs which was covered by parts of the tv-deal money. http://translate.google.com/translate?sl=sv&tl=en&js=n&prev=_t&hl=sv&ie=UTF-8&u=http%3A%2F%2Fwww.svemo.se%2FForbundsinformation%2FNyheter%2FNyttTV-avtalforElitserieniSpeedway%2F http://www.svemo.se/Forbundsinformation/Nyheter/NyttTV-avtalforElitserieniSpeedway/ http://www.svemo.se/ImageVaultFiles/id_6502/cf_44/Styrelsen_protokoll_extra_insatt_m-te_2012-05-30.PDF -
Costs Of Running In The Swedish League
Ghostwalker replied to Speedwaycrazy's topic in International World of Speedway
it is a correct assumption that the attendance is not enough to finance any of the teams. However Vetlanda have a big title sponsor which puts allot of money into Vetlanda. The latest TV-deal did not bring that much money to the teams but they only have themselves to blame for that. -
I've emailed both Tony Olsson (Svemo) and Cmore. Tony replied that he didn't know and that the rights were owned by a different company. C-more haven't replied yet. I would guess that Svemo sold the rights to company X who then re-sells the rights for the international market to any company that is interested, So I think that we'll just have to wait and see.
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It has been announced today that Hammarby will be allowed to stay in Allsvenskan, however this is not unconditional. Svemo have decided that Hammarby's future in the Swedish Speedway leagues system will be conditional of a control program which have been put together by Svemo. http://www.svemo.se/sv/Grenar/Speedway/Nyheter/HammarbySpeedway2014/ Also all 2014 league fixtures are now available in Svemo's race calendar: http://www.svemo.se/sv/Grenar/Speedway/Tavling/Tavlingskalender/
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Swedish Individual Championship will be held at Svanstabanan in Nyköping at September 5th-6th. The big final will be on Friday evening with the USM (80cc) and JSM (U21) finals will be held on Saturday. http://www.speedwaynyheter.se/speedway/nykoping-vard-till-sm-helgen/ Also see this post: http://www.speedway-forum.co.uk/forums/index.php?showtopic=67537&p=2028602
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There will be a Finnish team called Team Finland in Swedish Div1 this season. They will have their home meetings at Svanstabanan in Nyköping. http://www.svemo.se/sv/Grenar/Speedway/Nyheter/Ettfinsktlagisvenskaserien/ http://sverigesradio.se/sida/gruppsida.aspx?programid=179&grupp=7514&artikel=5764717
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Daniel Henderson have been given a spot at the European Championship final: http://www.smederna.nu/?page=news&newsid=2861
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Speedway Best Pairs
Ghostwalker replied to DutchGrasstrack's topic in International World of Speedway
Agreed. Anyway official information will be released on Thursday, https://twitter.com/JKonikiewicz/status/424527159894355968 -
Speedway Best Pairs
Ghostwalker replied to DutchGrasstrack's topic in International World of Speedway
Smederna have been asked but no decision have been taken yet. http://www.smederna.nu/?page=news&newsid=2855 (2nd half of the article). -
Santa Cup in Gävle have been cancelled due to the warm weather that have melted the ice. http://www.racemagazine.se/gavle-staller-in-santa-cup/?utm_source=twitterfeed&utm_medium=twitter
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Wild Cards 2014
Ghostwalker replied to PHILIPRISING's topic in Speedway Grand Prix and Speedway World Cup
How do you know that they tell you the truth? It's hardly something they would admit is it?