|
A district court has ruled that FC Cologne were right to pass on a €30,000 fine to a fan who injured seven people by throwing a firework into the stands during a match against Paderborn last year. A 41-year-old man threw a banger from the upper tier into the lower tier of the Mungersdorfer Stadion in Cologne during a 2. Bundesliga match against Paderborn in February 2014. When the banger exploded, it left seven injured, with two suffering severe head injuries. The German FA (DFB) fined Cologne €50,000 as a result of that incident and four others, and also ordered that the club pay a further €30,000 towards the cost of preventing future violent incidents. In response, Cologne filed a lawsuit asking for €30,000 from the man responsible, who had already been handed an 18-month suspended prison sentence during his criminal trial and been ordered to pay €4,000. The Kolner Stadtanzeiger reported that the man had argued that the club's demand for €30,000 was excessive. His lawyers said that tests taken at the time of his arrest showed his Blood Alcohol Concentration (BAC) of 0.2 percent meant he had diminished responsibility. They further contended that the man should have been thrown out of the stadium earlier in the match because he had thrown a cigarette from the stands. However, the Cologne District Court rejected those arguments, saying the man had acted "with intent" and that his actions had been "methodical," and ruled that the €30,000 fine was not excessive. The man could yet appeal the decision, but the club's CEO, Alexander Wehrle, welcomed the ruling. "Once it is final, this verdict backs our stance in all points: We are able to pass on [DFB] fines to the perpetrator," Wehrle said. "The verdict, even though it is an isolated case, sends out a signal and creates a bit of legal security for the clubs." Several German clubs have successfully passed on DFB fines to perpetrators since the Rostock Higher Regional Court ruled in April 2006 that, by purchasing a ticket, spectators entered a binding agreement that they would not interfere with match operations. Schalke announced earlier this month that they want a supporter who threw a cigarette lighter at assistant coach Sven Hubscher to pay €43,000 towards the cost of a €60,000 DFB fine.
|
