The German Football Association (German: Deutscher Fußball-Bund [ˈdɔʏtʃɐ ˈfuːsbalˌbʊnt]; DFB [ˌdeːʔɛfˈbeː] is the controling body of football (or football ) in Germany. An establishing member of both FIFA as well as UEFA, the DFB has territory for the German football organization system and also supervises of the males s and also females s nationwide teams. The DFB headquarters are in Frankfurt am Main. Sole participants of the DFB are the German Football Organization (German: Deutsche Fußball Liga; DFL), organising the expert Bundesliga and the 2. Bundesliga, in addition to 5 local and 21 state organizations, arranging the semi-professional and also amateur levels. The 21 state organizations of the DFB have a consolidated variety of even more than 25,000 clubs with greater than 6.8 million members, making the DFB the solitary biggest sports federation on the planet.
The German Football Confederation may continue to impose high fines against clubs, even if their followers or spectators disturb games. Legally, the penalties are valued as pure preventive measures and thus allowed, the Federal Court of Justice (BGH) decided on Thursday in Karlsruhe. The inferior applicant FC Carl Zeiss Jena and fan representatives reacted with criticism, the DFB sees itself by the judgment unrestricted in his opinion confirmed. All clubs are going on, which are always fined fines from the DFB sports court.
According to the BGH, the practice of DFB does not violate the debt principle, an elementary principle of the legal system. The penalties did not attend misconduct of the clubs. We now have to look at the verdict and decide whether it is worth, as the Federal Constitutional Court asked again, said Chris Förster, the managing director of the Regionalligist Jena. Our reasoning was yes, that we will be punished for something, for what we can not do anything for now. And now the BGH has explained that it is no penalty, but has preventive character.
Jena has to pay
The legal and procedural order of the DFB provides that the clubs are responsible for the behavior of their followers and viewers. They are liable in the stadium area before, during and after the game for incidents of any kind. This means that, for example, because of Bengalos and other pyrotechnics in the fanblock are asked to checkout. Depending on the severity of the incident and financial strength of the association, it can go up to six-digit sums, the money flows to foundations and projects. The idea behind it: The fans should break together to harm their club.
The FC Carl Zeiss Jena, who still played in the third league, should pay for disturbances of two home games and a away example of 2018 a total of almost 25,000 euros. The club feels that unfair: you meet all necessary arrangements. The top civil judges of the BGH could not convince themselves. The principle that any punishment or punishable sanction is required to fault, even a constitutional rank, said the chairman Richter Thomas Koch. Different, when the name suggests, they are the fines against the clubs but purely legally not at all about penalty.
Chef explained that the clubs should be encouraged by the fines to ensure proper game operation and to act on their trailers. Thus, the penalties actually be a preventive measure. DFB Interim President Rainer Koch declared: The BGH today completed the legal disputes led by the national and international sporting effectiveness for the liability for misconduct of their trailers. Thus, concluded and undoubtedly ensured that the DFB legal organs could continue their work without restriction and to demand the support and participation of associations to secure a trouble-free game operation.
The umbrella organization for fanids called the verdict as a fatal signal for fan rights. The collective penalties against fans and clubs imposed by the DFB Sports Court deeply contradict the principle of democratic case law, said Danny Graupner from the club of the fan aids. This is a party, as we know them only from the Middle Ages and show clearly that the distribution of collective penalties with the watering can be disproportionate.
Right for damages
Jenas Managing Director Förster criticized: The prevention, which is to be accompanied by, has not hired over the years. In this respect, one can question this preventive character: which is not covered by the practice. His club do everything to prevent such incidents.
After an earlier verdict from Karlsruhe, the clubs can retrieve the money as compensation from the rioters. But these must first be found. Jena had resisted an arbitration of the competent sports court before the civil courts. The BGH Senate Chairman said, such an arbitration could only be lifted if he violates the public order. That s a very high hurdle. In June 2020, the FCC had already failed before the Frankfurt Oberlandesgericht (OLG).