The kids tour could take place again. The court upholds its decision from 2022. BDR und BRV lose again.
The decision comes one year after the interim injunction. The reason for the new hearing is the sudden and "forgotten" objection a few weeks before the kids-tour 2023, which was followed by our cancellation as organiser.
So now the 2nd victory in favour of the children. Nevertheless, everything is still open, including damages against BRV.
says a line in the team song of the Wheel Divas by Kontra K. This further victory has now been achieved at the regional court in Frankfurt/Main. Perhaps a Pyrrhic victory, as the disputes have not been settled.
The current court hearing is necessary because of Claudiu Ciurea as representative and president of the Berlin Cycling Federation. He alone is throwing down the gauntlet again in July 2023. The BRV main committee knows nothing. We can speculate whether other organs of the BRV or the Federation of German Cyclists, which is also involved, knew about it? In any case, Wheel Divas are preparing for the anniversary tour, 30 years of the International Kids Tour Berlin, and are waiting for an invitation to the mediation meeting rumoured by the BRV board itself. This will not happen. So instead of mediation, there will be another confrontation.
What it's about
The dispute goes back to 2022. At that time, as organizers, we obtained an interim injunction to hold the International Kids Tour. The defendants are the Berlin Cycling Association and the Association of German Cyclists. Neither wants to approve the event and the BRV even wants to prevent it. The court sees it differently and agrees with the children. The kids can start with the victory. The 2022 tour is taking place very successfully.
Wheel Divas are in good spirits
Wheel Divas will apply for the kids tour for 2023 in September 2022. “Laid” stones will be removed from the way. We are planning well, the tour is being expanded. We are patiently waiting for the exchange with us as the organizer that members have approached the BRV President.
Suddenly and unexpected
Instead of clarification, the declaration of war comes in the form of a continuation of the legal dispute. All of a sudden and after 12 months, the BRV is now complaining about the 2022 decision, according to the written statement from the lawyers commissioned by the BRV. Essentially, our president believes that the kids tour 2022 should not have taken place. It is undisputed that the tour cannot be reversed, so why the contradiction? Why a few weeks before the tour? Who or what is this supposed to be good for? Should we be boycotted? Does the BRV want to take advantage of us for its Youngster Race? With this objection, we as organizers are canceling the 2023 tour. Over 100 of the almost 200 starters switch the race from the kids tour to the youngster race
Court date and verdict
Our president is seeking a court date. We follow. The presiding judge invites the parties to Frankfurt/Main on Friday, October 20, 2023. At 10:45 a.m., file number 3-10 O 72/22 is called in. This is followed by Sina Päske and Hans-Günter Päske and lawyer Oliver Truckenmüller from the law firm SNP Schlawien Partnership mbB. And Bernd Emanuel appears, from the law firm BEC Rechtsanwälte Partnershipsgesellschaft mbB Saarbrücken. Unfortunately, the defendant does not appear, namely President Claudiu Ciurea, despite being summoned personally. That's unfortunate because we wanted to clarify something for the kids? Furthermore, unfortunately, the defendant BRV will not send its written submission until the evening of October 18, 2023.
The hearing lasts an hour. You quickly realize that it's not about the kids, it's not about the sport. It's also not about the how of future events. It's about saying no and being right. Attorney Emanuel presents. Unfortunately, he was very, very poorly prepared by the mandate BRV, a lot of it is vague, it remains just assertions. Many of his arguments fail under our proof. The question of the long period between the ruling and the objection is being intensively discussed among legal scholars. Last but not least, it is claimed that the objection was submitted so late because President Ciurea only found out about the kids tour in May 2023. We also had to correct that: It is September 15th, 2022. The evidence is presented to the judge. He dictates, asks questions and orders.
Unfortunately, there is no deep understanding of the content. A pity. The absence of our president makes important answers and any conceivable consensus impossible. After 600 km of travel, this is still unsatisfactory for us.
The judge closes the session. The verdict will follow next week. The court follows our request. The BRV and with it the BDR lose for the same thing a second time. The costs of the procedure, which amount to several thousand euros, are borne by the Berlin member associations from their contributions. Hard to assume that the BDR will participate?
Dispute and damage
Wheel Divas e.V. is currently advising in all directions. The dispute since July 2022 has resulted in a large amount of damage. The damage to the children is priceless anyway. Our own, however, can be quantified. It's about the wasted and additional effort, specifically several tens of thousands of euros. Not least due to the cancellation of the 2023 event, broken sponsorship contracts and high upfront costs. With regard to its own precautions for the 2024 season, the board of Wheel Divas eV must address the damage claims to the perpetrator, BRV, and work out a commercially effective solution.
There are also arguments that go beyond financial matters. For example, who invented the kids tour? The documents say it's Jens-Holger Mey. The BRV president is against this. Who owns the rights? Whatever is right: cui bono? Who benefits from the dispute? At least not the children.
“Forgotten” contradiction and forgotten mediation
The BRV president submitted the objection to the court on June 21, 2023. A BRV board meeting will take place on June 22nd, 2023. The President "forgets" to inform those present. No clue anywhere. In fact, without comment, the President even accepts the task of “sitting down at the table” with us. As surprising as the contradiction was for us, it was as surprising for the entire association. The fact that more and more people now feel betrayed is only too human. The fact is, the association continues to lose. That's really bad given his tight budget. And to this day there is no conversation, no exchange, no ideas for working together. Communication is a phantom. That's too bad. The actions remain a mystery, and not just to us. Now we as a club will have to think about how we deal with the overall situation.
Wheel Divas and the direction
Wheel Divas continues to have a great interest in finding a consensus with the main committee and executive board. We think that an open-ended and statutory exploratory discussion with the decision-makers in the BRV is always effective. In addition to the president, the board of directors, these are, above all, the club chairmen.
The 30th International kids-tour 2024 is registered. My old company commander once said: "
If I want something,
I'll find a way.
If I don't want something,
I'll find a reason.
The course has been set, the path is clear, the door is open. Going through it is everyone's business alone.
“It remains to be hoped that those who caused the damage will learn from the damage and not follow suit,” we wrote in 2022.
Fair comes first.
