Federal Court of Justice declares that football clubs must remain responsible for disruptive fans

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The German Football Association (DFB) is entitled to impose fines on athletic clubs if their spectators disrupt matches, the Federal Court of Justice in Karlsruhe ruled on Thursday.
Managing director of Carl Zeiss Jena Chris Forster declared after the verdict that the court’s decision was “disappointing.”
“Our argument was that we are being punished for something we cannot do anything about and now the BGH has just declared that it is not a punishment. So, the also called punitive fine is irrelevant whether it is called a punitive fine and whether it is perceived by the clubs as a punishment, which it will be in any case! Because there are no orders of magnitude that must be paid, but that it has a preventive character, the BGH sees. We must accept that now and of course, we accept that. And yes, only prevention, which is supposed to go hand in hand, has not happened for years. In this respect, one can question this preventive character, it is not covered by the practice.” Claims the FC’s director.
According to the court’s ruling, sanctions must be assessed as purely preventive measures and may therefore be permissible. The German Football Association may now impose fines on clubs if their supporters or spectators disrupt games, pyrotechnics were discussed as an example throughout the case.

SOT, Chris Forster, FC Carl Zeiss Jena Managing director (German): “Yes, of course disappointing at first, that’s quite clear, but nevertheless we have clarity for the time being. Both sides. We now have to look at the ruling and decide whether it’s worth asking the Federal Constitutional Court again. But of course, first of all, you are disappointed.”

SOT; Chris Forster, FC Karl Zeiss Jena managing director (German): “Our argument was that we are being punished for something we cannot do anything about and now the BGH has just declared that it is not a punishment. So, the also called punitive fine is irrelevant whether it is called a punitive fine and whether it is perceived by the clubs as a punishment, which it will be in any case. Because there are no orders of magnitude that must be paid, but that it has a preventive character, the BGH sees. We must accept that now and of course, we accept that. And yes, only prevention, which is supposed to go hand in hand, has not happened for years. In this respect, one can question this preventive character, it is not covered by the practice.”

SOT, Chris Forster, FC Carl Zeiss Jena Managing director (German): “You have the possibility of course and we do, we already try a lot and it’s not only about pyrotechnics, it’s also about misbehaviour of followers, be it verbal statements or other things for which you are punished. How can you prevent that. Yes, of course we can keep trying, but the fine, which we still feel is a punishment, doesn’t make it easier when there is a constant outflow of funds, so to speak, to then take, let’s say, additional security measures, etc.”

SOT, Chris Forster, FC Carl Zeiss Jena Managing director (German): “Yes, of course we do a lot, so first the games are classified whether they are risk games or not. Then there is a notice from the city that regulates the minimum number of security forces required. Of course, we comply with it or usually even deploy more in consultation with the security authorities. Sometimes dog teams are deployed and night security of the stadium is organised. The event site is sometimes extended to organise additional controls. DEKRA has certified us on behalf of the DFB, there are security observers from the DFB who basically watch the game, and when we asked, there was no evidence. As you can see, we do a lot and of course we are in dialogue with the fans.”

SOT, Chris Forster, FC Carl Zeiss Jena Managing director (German): “Yes, absolutely, it’s safe and there’s no question about it, we do everything we can, you can see that it can’t be prevented, the DFB organises the cup final in Berlin itself every year, and pyrotechnics on a large scale take place there regularly. So how can it be that the DFB can’t do it itself, but punishes the clubs or calls for prevention, as we have now learned.”

SOT, Chris Forster, FC Carl Zeiss Jena Managing director (German): “We have to check that, and I can’t decide or say that so quickly. But I can’t think of any ad hoc additional measures we could take. In this respect, we have to see, we have to decide.”
#DFB #football #Karlsruhe
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