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14.01.2025
Fees for higher police costs at high-risk football matches are compatible with the Basic Law. Fees for higher police costs at high-risk football matches are compatible with the Basic Law. (Ref.: 1 BvR 548/22 of 14.01.2025). The constitutional complaint by Deutsche Fußball Liga (DFL) GmbH thus remained unsuccessful.
The DFL objected to having to pay a six-figure euro amount for the deployment of additional police forces at the match between SV Werder Bremen and Hamburger SV in Bremen's Weser Stadium. Since November 2014, the Bremen Fees and Contributions Act (Section 4 (4) BremGebBeitrG) has provided for a fee for additional police costs at profit-orientated major events that are known to be prone to violence. Even before the Federal Administrative Court the DFL failed with its lawsuit (Ref.: 9 C 4.18 of 20 March 2019).
According to the Federal Constitutional Court, this regulation interferes with the professional freedom of event organisers, which is protected by the Basic Law. However, the interference is constitutionally justified and not unreasonable. It is a legitimate aim not to burden the general public of taxpayers with the additional costs of the police deployment, but rather those who also incur the profits from the event. It is also not a constitutional principle that „police security provision must be provided free of charge“. Rather, the fee for the increased police deployment is charged in return for an individually attributable service.
Contact persons for police and security law in our practice are Rechtsanwalt PDr Klaus Herrmann and lawyer Kristina Dörnenburg.