Mainz wrong to sack El Ghazi over Gaza comments, court rules
July 12, 2024
Football club Mainz 05 did not have good reason to sack Dutch footballer Anwar El Ghazi for his comments about the war in Gaza, Mainz's labor court ruled on Friday.
The court found that El Ghazi's comments on social media did not warrant the immediate halting of his working relationship with the club.
It declared as void the dismissal of the Dutch national, who has Moroccan roots, ordered Mainz to reinstate him as a player and ordered the Bundesliga club to give El Ghazi back pay and other bonuses worth almost €1.5 million (about $1.6 million).
The court found that El Ghazi's comments were protected by his rights to free speech.
When and why did Mainz terminate his contract?
Mainz and El Ghazi's dispute began soon after Hamas' October 7 terror attack against Israel, when the footballer posted the English-language slogan "from the river to the sea, Palestine will be free," which is popular in some protest circles but also contentious.
The language came into sharp focus in Germany following the October 7 attacks. Authorities restricted its usage, arguing it was antisemitic, citing its use by groups that have called for Israel's abolition and the way the phrase could be interpreted to mean all the land from the Jordan River to the Mediterranean Sea.
German rules prohibiting antisemitism can be quite strict and far-reaching, a legacy of the country's 20th-century history and the Holocaust.
The original post did not seem destined to lead to a split between El Ghazi and Mainz, though.
El Ghazi deleted his original posts, and Mainz issued a statement saying that the issue had been resolved and that the player had expressed regret.
But a few days later, the 29-year-old took to social media again, saying he simultaneously condemned the death of civilians, antisemitism, occupation, "Apartheid" and "genocide," and that he stood by his previous comments.
Soon thereafter, Mainz announced that they would part ways with the player immediately.
This November 1 post was the one at issue in Friday's ruling, with the court finding that El Ghazi's comments were within his rights of free expression.
El Ghazi has remained outspoken on the issue of Gaza online since, often using the slogan "stand for what is right even if it means standing alone" in reference to himself.
Court says extension clause remains valid
El Ghazi launched a lawsuit soon after his dismissal, and Mainz responded with a coutnersuit of its own, which the labor court threw out on Friday.
The player's contract was originally set to expire at the end of June — but it included a clause for a one-year extension if Mainz remained in Germany's top flight, as they did.
Where El Ghazi might play next season is not clear, but the court ruled that Mainz should honor the contract unless a solution can be found during the off season.
msh/lo (epd, dpa, SID)