Der Verbandsstrafenregress im Nachgang an störendes Zuschauerverhalten

Football associations taking recourse to imposing penalties is not only an issue that the German Federal Court of Justice, the Bundesgerichtshof, has had to deal with repeatedly, but is also the subject of numerous articles. However, the topic has not yet been sufficiently covered by monographs. This work closes that gap in research by addressing the topic and discussing in detail the legal issues that arise when football associations impose a penalty on a spectator. The author first addresses the offences that cause liability, pointing out the need for more in-depth reflections. He then examines known problem areas (attribution of damage, limiting the value of the compensation for damages, case-by-case partition of damages and the legal practice of association courts). He also focuses on answering the question of whether the possibility of imposing a penalty is affected in cases where the penalty imposed by the football association is based on its own ineffective regulations. Considering previously expressed positions on this issue, the author presents his own solutions to it.