The DFB breathes, but parts of the fans are upset: With the confirmation of the common practice in dealing with misconduct on the ranks, the Federal Court of Justice (BGH) for heated minds. The German Football Association (DFB) may continue to impose fines against clubs if their followers in the stadium take besides. This decided by the BGH in Karlsruhe on Thursday and thus rejected a complaint of the Regionalligist Carl Zeiss Jena.
The procedure of the DFB does not violate public order, said it. Financial penalties are as a preventive measure and present no penalty-like sanction, but they should secure the future proper game operation, the BGH judged. Clubs should be stopped by using in the future all their available funds to agend with their trailers and thus prevent future viewers riots.
The DFB sees itself unrestricted in his opinion, as Interim President Rainer Koch announced. It is conclusive and unequivociously ensured that the DFB legal organs on the one hand will continue their work on the basis of the Directive for the work of the DFB Control Committee without restriction, he said, and that, on the other hand, they supported the support and participation of the clubs, unlike The DFB has access to its followers to claim to secure a trouble-free game operation.
Complaint against judgment is checked
Due to three pyrotechnics incidents Jena had been sentenced by the DFB DFB breathess Court to a fine of around € 25,000 in 2018, the third division was against it. The lawsuit before the responsible Higher Regional Court remained without success. The legal and procedural order of the DFB provides that the clubs are liable in the stadium area before, during and after the match for incidents of any kind.
Jenas Managing Director Chris Förster showed himself disappointed about the verdict. It feels like a punishment. If we were really available as a club as a prevention, we would find that better, he said to the Sid : These fines are for clubs, whether small or large, sensitive and not slight. The club examines a possible complaint in front of the Federal Constitutional Court.
Fatal signal for fan rights
The umbrella organization of the fanids designated the decision as a fatal signal for fans and practiced sharp criticism. This is clenched, as we know you only from the Middle Ages and clearly shows that the distribution of collective penalty with the watering can is disproportionate, said Speaker Danny Graupner. For years, organized fishing groups have protested against such sanctions in case of misconduct of individual persons.
Clubs can be reimbursed the money for the penalties from the fans. This comes from an earlier BGH judgment. But the corresponding spectators must first be identified. That the BGH also approves the disproportionate transfer of the associations on individual football fans, we can not understand, said Graupner.
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