New guidelines for the DFB Prosecutor in procedures against clubs before the DFB’s sports tribunals

New guidelines for the DFB Prosecutor in procedures against clubs before the DFB’s sports tribunals
Joachim Rain
Lawyer, Schickhardt Rechtsanwälte
Ludwigsburg - Germany


With effect from the start of the current season, the DFB introduced new guidelines that shall help to make sanctions against clubs for spectator misbehavior more transparent and predictable. On one hand, as the title suggests, the new framework is only a guideline, in other words the prerequisites regulated in that guideline are not mandatory and leave discretion as to the specific circumstances of each case in order to determine the individually appropriate sanction.

So far, there have been no specific instructions as to how the exact amount of a fine in cases of supporters´ misbehavior is to be determined. The assessment of a sanction was rather made according to general principles and took account of aspects such as the extent of the misbehavior, eventual consequences of the misbehavior such as injuries, suspensions or even the abandonments of the match, frequency of incidents involving the respective club and quality of measures this club undertook in order to prevent such incidents.

As far as sanctions beyond financial fines have been concerned (such as the prohibition of specific blocks or even the whole stadium), those measures - that required a certain level and frequency of misbehavior - were primarily aiming at deterring supporters in general from such future misbehavior and weakening the solidarity between those supporters who have been actively involved in the sanctioned misbehavior and those...

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