Bundesliga side Cologne suing their own fan after supporter threw flare in stadium and club had to pay fine
Germany's Federal Court of Justice has ruled club is within their right to press charges and receive damage payments
GERMAN club Cologne are preparing to sue their own fan - after he threw a flare in the stadium and cost the club £43,000.
The supporter in question through a firework from the top tier of the Mungersdorfer Stadion in 2014 during a game against Paderborn, leacing seven people hurt - two with serious head injuries.
After he was charged with the offence, the man was handed an 18-month suspended prison sentence during his criminal trial and was ordered to pay £3,345.
But the club were outraged to then be charged and fined £43k for failing to control their fans - and are now seeking damages from the individual.
Germany's Federal Court of Justice has ruled club is within their right to press charges and receive damage payments after they asked him to pay £25k of the total fine.
And after two years of wrangling, the case has been referred to the Higher Regional Court which will decide whether the supporter will have to pay all or some of the damages.
Cologne executive Thomas Schonig said: "The BGH ruling gives us as a club much needed legal certainty regarding the question as to whether we can pass penalties imposed by the DFB on to those who were originally responsible."
DFB vice president Rainer Koch also welcomed the ruling: "[I hope this will] lead to a significant decrease in the use of pyrotechnics, which is generally forbidden."