Michelle BethRegressansprüche verbandsrechtlich sanktionierter Fußballklubs gegenüber Pyrotechnik zündenden Stadionbesuchern

About this book deutschenglish

It bangs and smokes in Germany’s football stadiums - whether as a reaction to the game, accompanying a goal celebration or integrated into a choreography: Unless the fans are excluded for pandemic reasons, „pyros-shows“ seem almost omnipresent in the stands. Since pyrotechnics are ascribed not only an enormous atmospheric effect, but also a high risk potential, the German Football Association (DFB) reacts to such incidents with sanctions under association law. The DFB sports court usually fines a club whose supporters are conspicuous by burning pyrotechnic material. At the same time, the association formulates the guiding principle of „perpetrator-oriented sanctioning“ in its regulations, thus explicitly calling on the clubs to take recourse against the responsible stadium visitors.

The DFB refers to a ruling by the Federal Court of Justice from 2016: Based on the contractual basis of claims in Section 280 I BGB, the actual „pyrotechnics“ are liable to pay compensation to a sanctioned club - a decision that strengthens the position of the DFB, but also meets the annoyance of numerous fan groups. Is it just a subcultural defiant reaction on the part of the fans or should one approach the recourse model with caution, also from a legal point of view?

In order to pursue this question, the reader is first given a basic knowledge of association and civil law. The author then presents a real example that will accompany the subsequent legal investigation. This is mainly devoted to the occurrence of damage: A detailed discussion must be held about whether the current applicable association norms, which authorize the DFB to impose a fine, are compatible with German law. Civil and constitutional principles are in conflict with the general preventive approach of the DFB. The draft examines these areas of legal conflict and classifies the knowledge gained - critically - in the context of the question of recourse. In particular, due to the ongoing practical relevance, this reading not only appeals to the legal specialist field, but is also aimed at a broad and interested readership.

Ihr Werk im Verlag Dr. Kovač

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