Bremen seeks to hold the German Football League (DFL) responsible for additional police costs incurred during high-risk football matches. As the Federal Constitutional Court prepares to deliver a verdict on this contentious issue, Bremen argues that while public safety is a general interest funded by taxes, fees for police presence at specific events are justifiable. The case highlights the ongoing debate about who should bear the financial burden of ensuring safety during football games, potentially influencing other federal states.
Is it possible for the German state to involve the German Football League (DFL) in the expenses related to police operations during high-risk football matches? For over a decade, the smallest federal state, Bremen, has been pursuing this goal. On January 14, 2025, the Federal Constitutional Court will deliver its verdict.
In Germany, football enjoys an unparalleled status, attracting dedicated fans to stadiums every weekend. This passion generates substantial revenue, but it also comes with challenges, particularly the potential for violence among rival fan groups. Matches between clubs with long-standing rivalries, especially derbies, often require significant police presence to ensure safety.
To maintain order in German football, approximately 1.6 million police working hours were utilized in the 2023/24 season across the top two leagues. This workload is equivalent to that of around 1,220 full-time officers, costing taxpayers millions of euros to secure the areas surrounding the stadiums.
Bremen’s Initiative to Share Costs with ‘King Football’
However, the situation isn’t entirely one-sided. In 2014, Bremen established a framework to potentially hold ‘King Football’ accountable for certain costs, specifically in the case of high-risk matches. According to § 4 of the Bremen Fees and Contributions Act:
Who bears the expense of police presence at particularly hazardous football events? The Federal Constitutional Court in Karlsruhe has now examined this ongoing legal case as of Thursday.
‘A fee will be imposed on organizers of profit-oriented events expected to host over 5,000 attendees when additional police presence is foreseeably required due to anticipated violent actions before, during, or after the event, at the venue, access points, or surrounding areas.‘
Targeting Additional Police Costs
Bremen is not aiming to recover the total costs of police operations; rather, it seeks to recoup only the additional expenses incurred for events requiring extra police presence, which is common in high-risk football matches. For these events, the police presence can escalate from a few hundred to over a thousand officers (such as during derbies). Often, these officers need to be sourced from other federal states. In the 2022/2023 season, there were 52 high-risk matches in the Bundesliga and 2nd Bundesliga.
In response to the northern derby between Werder Bremen and HSV on April 19, 2015, Bremen issued a fee notice to the DFL amounting to €425,718.11 after prior notification.
After a protracted twelve-year dispute between the DFL and Bremen, the Federal Constitutional Court is anticipated to resolve the contentious issue of covering additional police operational costs at high-risk matches.
The DFL represents the 36 football clubs in the Bundesliga and 2nd Bundesliga for men, holding all marketing rights for both leagues while acting as an organizer alongside the clubs.
Legal Battle Through All Levels of Judiciary
The DFL contested the costs, prompting the dispute to reach the administrative court, ultimately escalating to the Federal Administrative Court. In March 2019, the highest administrative judges in Leipzig upheld Bremen’s actions in principle, although some charges were adjusted, leaving a total of €385,000.
The DFL argues that imposing costs for public safety infringes upon constitutional rights. As such, it appealed both the law and the 2019 ruling to the Federal Constitutional Court. Hearings took place in April, with a decision expected at 10 a.m. on Tuesday.
Who Should Bear the Burden of Public Safety Costs?
At the heart of this legal dispute lies a fundamental question: Should the state fully finance the essential task of ‘public safety’ through tax revenues?
The DFL believes that public safety is a general interest, thus should be funded through public sector resources, namely tax revenues. Additionally, it contends that football should not be held liable for violent incidents involving fans outside stadiums, such as at train stations or in city centers.
Bremen acknowledges the general interest in public safety but asserts that the constitution does not mandate that all state core tasks be funded solely through taxes. Furthermore, fees are justifiable when the payer receives a direct benefit in return, which is indeed the case as the police facilitate the safe conduct of matches, yielding economic advantages. The Federal Administrative Court affirmed this in 2019, stating that many peaceful fans attend games primarily because the police mitigate risks of violence, regardless of who instigates such disturbances.
Challenges of Forecasting Costs
During the Federal Constitutional Court’s oral hearings, additional concerns were raised: Is the law too ambiguous since the fee amount cannot be predetermined? Do the DFL and clubs have any influence over whether a match is classified as high-risk? What happens if the additional police presence is unnecessary for a given match?
Responsibility of Clubs or the DFL?
Another critical aspect of this prolonged dispute is whether the DFL is the appropriate entity to bear these costs. The DFL argues that the home clubs are responsible for hosting the matches and should thus be liable for any associated costs.
Contrary to this, Bremen has opted to approach the DFL, which generates approximately five billion euros annually. This decision has not benefited Werder Bremen, as the DFL has sought to recoup costs from the club, leading to competitive disadvantages in professional football since no other federal state currently imposes such fees.
Potential for Other Federal States to Follow
Bremen’s Interior Senator, Ulrich Mäurer, has been advocating for other federal states to adopt a unified approach. He has also suggested a fund that the DFL could contribute to, which would cover certain additional police expenses nationwide.
While progress has been slow, some federal states are now considering the possibility of advocating for a national solution or even establishing their own regulations, contingent upon the outcome of the court ruling.