A recent ruling by the Higher Labour Court of Cologne has determined that referees employed by the German Football Association (DFB) may be entitled to pursue legal action in labor courts. The decision, published on Wednesday, stems from a case involving a 28-year-old referee who sought compensation and damages after being excluded from the 3rd League referee roster due to his age.
Initially, the Bonn Labour Court referred the case to the Regional Court of Frankfurt, asserting that a formal employment relationship did not exist. However, the Cologne Higher Labour Court overturned this assessment, concluding that the relationship between referees and the DFB constitutes an employment relationship.
The court’s reasoning hinged on the contractual arrangements combined with the DFB’s referee regulations, which they believe establish a dependency. Furthermore, the obligation for referees to perform duties personally and the DFB’s significant control within the refereeing sector were deemed indicators of a dependent employment relationship.
It is important to note that this decision is not yet legally binding. The court has permitted an appeal, opening the possibility for further judicial review (ruling dated June 16, 2025 – 5 Ta 58/25). The implications of this ruling remain to be seen and could potentially impact the operational structure and legal standing of referees within the German football system.