FX:GER30 DAX index of German listed shares
DAX had tested the 9400 and closed above could start forming the Right shoulder.
Actually, looking at a higher TF this whole part you call "head" seems as a right shoulder to me, with the head to the left. There is no left shoulder, but it is not needed for "the rule of failed swing" to be valid. Everything depends on the next close, and if we close below 9300 the following downside movement will be of the same size as the "head" to the left, measured from 9300.