Lawyer and Sportrechtlecher Wieschemann Cup exclusion Dynamo Dresden after fan riots in the report of the MIRROR.
The report by the 07.03.2013:
An association is liable for the misconduct of his fans: clear case, at least according to the DFB sports court, which Dynamo Dresden has therefore excluded from the Cup. Not right now say sports lawyers. You hope in the appeal hearing on a new ruling.
His disappointment could not hide Christian Müller as he joined mid-December before the television cameras: “The sports court has certified clearly to us that Dynamo had done nothing wrong Dresden”, he said with a tired voice. Then he shrugged his shoulders: “We are still of the Cup 2013/2014 ruled out.” The Managing Director of the second Division had brought just a long negotiation behind it, had announced at the end of Hans E. Lorenz, Chairman of the DFB sports court, the devastating judgment. Due to the “continuing unsportsmanlike conduct of his followers” in a Cup match against Hannover 96 on October 31, the second division side was punished with the exclusion of the Cup.
Dresden fans had stormed the stadium entrances before the match in Hanover and in the fan block ignited pyrotechnics. Three followers were arrested, injured nine people. Already in the previous year there had been riots of the Dynamo fans at the Cup game against Dortmund, in the appeal, the Club had can avert an exclusion but.
Even after the recent ruling, the Club lodged an appeal, on this Thursday at 12:30 the matter being negotiated again, this time before the German Federal Supreme Court. In December, Müller had said Dynamo boss: “I think that it is not conducive to this kind of legislation for the social problem facing the entire Football League.” Meant he had: it could be that a club for the misconduct of followers will be punished unless you specifically go above against the actual culprits – and although the Club standing did everything in his power in his own words, to combat the problems.
Problems with the definition of trailer
He jumps him now Repesented Christof Wieschemann to the page: “The Court of first instance judgment of the DFB sports court does not do justice the constitutional principles”, he says MIRRORS ONLINE. “It is based on the so-called strict liability of the clubs. But that may not work so, it lacks legal legitimacy.” Because under German law he who negligently or deliberately fail behavior has like always. “The only exception: the holder shall be liable for non-controllable risks such as in animals”, Wieschemann says.
Another problem is clear by the definition of the trailer: “who is this, anyway? In very few cases, more than a diffuse mass can be determined. Many of the rioters don’t even bear fan paraphernalia such as scarves. “They are at all trailers in the strict sense?” The lawyer takes up an argument by Dynamo’s Managing Director Müller thus: “people who provide such excesses in the name of the Association, are not fans, they are criminals who want to destroy our society,” he said after a crisis meeting in February.
Not to blame the association according to the evidence
Shortly before Dynamo supporters at the second division match against the 1 was once again noticed FC Kaiserslautern with extraordinary brutality. The Club then decided a four-point plan, which foresees inter alia the exclusion of own fans from several away games, closer cooperation with the ultra scene, but also a severe punishment of all those offenders can be determined.
“How many other clubs trying to tackle the situation – Dynamo Dresden, and must still liable for the crimes of others,” says Wieschemann. Actually starts ONLINE the MIRROR this judgement of the DFB sports court with the sentence: “It is true that Dynamo Dresden to prove there is no fault was the Association.” Nevertheless, it was “To be misconduct of so-called supporters of Dynamo Dresden the Club”. But because the Federation could not directly sue the offenders, the Club deterrent must stall, Wieschemann says.
“Recent experience shows that this sanction does not work and has no positive impact on the behavior of the trailer, in German football,” says the lawyer. Still, even completely innocent associations – as now also would have to live VfB Stuttgart because of punishment from Lazio Roma in the Europa League – with the consequences.
Would run the proceedings before a State Court, a very different judgment would be according to the Wieschemanns. “The grounds of the sports court would stand probably have no civil control,” he says. Also the renowned Sportrechtler Michael Lehner to SPIEGEL expresses criticism of the professionalism of sports courts ONLINE: “it’s Association courts, which are not so used to judge objectively. The independence of a State Court is missing them.”
Sara Peschke