[ad_1]
It’s a fairly durable court order that Türkgücü Munich got from the district court, it will be at least three days old. And the question that many people ask themselves a good 24 hours after the Schalke 04 cup match against FC Schweinfurt was canceled: Was it the intention that this sentence could not be stopped on Friday afternoon because the court was also scheduled for the weekend? And had Türkgücü even planned to step into the gap this weekend? After all, the third division team played a test match in Switzerland on Saturday afternoon, which Türkgücü won 3-1 against St. Gallen.
No, the timing was not on purpose, says at least Türkgücü managing director Max Kothny. First, we had to wait for the report from the Bavarian Football Association (BFV), which sent the teams participating in the cup to the DFB. Only then could one act. You see yourself as a legitimate cup participant.
The BFV had changed the rules of the game on short notice, removing an addition saying that the best amateur team will play in DFB-Pokal when the regional league begins play at the time of the registration deadline. He sees this process as an “admission of guilt” on the part of the association, says Kothny, 23. It shows that you are the legitimate participant. Obviously, Türkgücü himself did not always see it that way. Because according to information from SZ, the club had long assumed not to play in the DFB Cup. Furthermore, Türkgücü had already accepted Schweinfurt as a participant in the cup at least once.
The association had assumed that all three clubs would be satisfied with the solution.
The background: Regionalliga Bayern is the only fourth league that only interrupted, but did not cancel, the 2019/20 season and will resume shortly. At the time of the interruption, Türkgücü was leading the league by nine points. However, the time was approaching when a Bavarian climber and two cup participants were to be informed to the DFB. This notification was only formally made last weekend because the BFV had to wait for the winner of the Toto Cup (1860 Munich).
With Türkgücü promoted to third division, Schweinfurt receives a starting position for DFB-Pokal and, on top of that, SpVgg Bayreuth will have the opportunity to qualify for third division promotion games in the next calendar year; all of this was included in the summer for several weeks. these three clubs have been discussed very often. First, the association assumed that all three clubs would be satisfied with this solution. Second, the solution, accompanied by a reputable law firm, was deemed legally flawless. Then there was nothing to hear from Türkgücü on this subject for months.
Which could be because Türkgücü President Hasan Kivran had already approved the plan in the summer. Because, according to information from SZ, there was a meeting between Kivran and BFV president Rainer Koch at a Munich café on July 31, in which it is said that Kivran clearly gave his approval to the plans to allow Schweinfurt compete in the Pokal. With this meeting, Koch wanted to ensure that there would be no legal disputes at the last minute.
The association had also expected such a step; BFV headquarters reportedly most likely assumed the timing of the court order was as planned. The regional court did not consider a legal safeguard on Friday. In this context, you can see the BFV statement on Friday night, in which it says: “The pitch has not addressed the necessary requirements for the implementation of a gaming operation.” This will be countered in the appeal process in the Higher Regional Court.
Legally, the court order will cause problems in the long run.
In mid-August, the association’s sports field had received a complaint from Türkgücü, according to which the club would not be placed in the last places in the regional league. But that was necessary, because Türkgücü was registered for the third division, and the club cannot play well in two leagues. Shortly after this complaint, Türkgücü press spokesperson Roman Plesche replied: “Probably not”, when SZ asked if legal action was being considered. At the end of August he repeated that “there was never an agreement” on the cup exemption.
But that the club had long assumed that they would not be able to play in DFB-Pokal can also be heard from around the players. In May, the players council told the club’s top team that several players should give up their salaries, this was absolutely necessary to be able to financially support the third division (reported the SZ). According to information from SZ, the demand for a salary exemption was also linked to the fact that one would not compete in the cup and that the expected income would be lost. In June, Kivran had told players that they would not play “99 percent” in the cup.
Legally, the injunction will cause long-term inconvenience and will raise a lot of questions, like who actually has to pay the costs incurred due to a failed cup game. But the president of Türkgücü in particular is not just about participating in the DFB Cup, another goal is at least as important: getting as much attention as possible, which was undoubtedly achieved by going to the pitch.
In Schweinfurt, by the way, they were “shocked” by the cancellation of the match at Schalke.
Last February, Kivran gave the SZ an interview in which he criticized the city of Munich for being “unwanted”: he was toying with the idea of moving the club to North Rhine-Westphalia. With that he was also sure to get a lot of attention. Later, however, it emerged that the association had already informed Kivran at this time that such a step was not formally possible.
In terms of form, Türkgücü’s legal intervention is only responsible for the BFV changing its rules of the game on short notice. In itself, a legitimate process that only requires board resolution. Kothny criticizes the fact that the following sentence was deleted “overnight”: “If the match in the Regionalliga Bayern continues at the time of the DFB-Pokal registration deadline, the best amateur team of that At the moment he will play in the DFB-Pokal “. However, at that time, Türkgücü was already at the bottom of the table. Secondly, it has always been established in Paragraph 19 of the Laws of the Game that the team registered for the third division “at the time of the expiration of the official registration period” will be eliminated from the regional league “on that day”. In other words: the rules of the game suggest that Türkgücü can only have one thing: compete as the best amateur team in the DFB Cup, or be removed from the regional league and move on to the third division.
In Schweinfurt, by the way, they were “shocked” by the cancellation of the long-awaited match at Schalke. At the same time, however, criticism was suppressed and it was noted that it was now “a matter for the lawyers.” At least you are right with this phrase.
