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So far, not a single ball has been rolling in SC Freiburg’s new stadium, but one or another excavator.
Work on the sports club’s new jewelery box in the Wolfswinkel district in north-west Freiburg is in the final stages despite crown-related delays. The move to the new house, which offers space for 35,000 spectators, is planned for the second half of the new season. According to the current state, the Freiburg team can only play there to a limited extent.
As the Administrative Court (VGH) of Baden-Württemberg ruled on Tuesday, Bundesliga matches in the evening and on Sundays between 13:00 and 15:00 are only allowed in the new location if they extend “insignificantly” to rest periods. The period between 8:00 p.m. and 10:00 p.m. and Sundays between 1:00 p.m. and 3:00 p.m. are declared as rest periods.
For DFB Cup matches or possible European Cup matches, the court granted blanket approval, even if the games mainly take place during break times.
Leki, Friborg Board Member: “Incomprehensible Decision”
“An incomprehensible decision that was not to be expected,” said SC CFO Oliver Leki SPORT1– Consult with: “I am sure that our legal opinion will be confirmed in subsequent proceedings.”
The main proceedings in the matter have been ongoing for months before the Freiburg Administrative Court after some residents of the nearby district of Mooswald applied for urgent legal protection against the building permit granted by the Freiburg Regional Council (RP) last year. . Although the VGH confirmed the building license, it has now made a new decision in the preliminary legal protection process on this urgent request, which had already caused a stir in October 2019.
At that time, the VGH initially decided that the new stadium on the airfield cannot be used for football matches during normal starting hours for noise protection reasons. Subsequently, the PR stated that, in the opinion of the authority, the decision was based on the consideration of obsolete noise protection values. Consequently, the RP filed a “notice of hearing” and the VGH reopened the case.
Now followed a new twist on the stadium charade.
Confusion about the definition of Bundesliga games
In the justification of the new VGH decision it was now said that the Bundesliga games during the rest periods in the building permit “were probably wrongly classified as rare events within the meaning of the noise protection ordinance of the sports facilities”. “Therefore, it is likely that the approved noise levels expected at Bundesliga games will exceed the noise thresholds that can be expected from applicants,” said the VGH.
For comparison: last season, only four of Freiburg’s 17 Bundesliga home games took place during the rest periods mentioned above, two on Friday night and one on Tuesday and Wednesday, dates in the that cup games are possible without restrictions in the new stadium according to the previous reading. would be. Under the new decision, the SC should at least play Bundesliga home games on Saturday night at 6.30pm, games on Friday night and Sunday noon at 1.30pm are still forbidden in life league daily.
In Freiburg, the definition of the Mannheim administrative judges caused astonishment.
“This is a completely unexpected decision that could not have been foreseen,” said the mayor of Freiburg, Martin Haag. “This is now a completely new issue, which neither the Freiburg Administrative Court nor the Administrative Court addressed in their decision last October.” The new resolution will now be “carefully scrutinized and analyzed.”
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Freiburg regional council conveys confidence
The Freiburg regional council also reacted with surprise to Mannheim’s new decision. The VGH deviated “with its legal opinion surprisingly from the decisions of the higher administrative courts of other federal states,” it said in a PR announcement.
The regional council continues to think that “Bundesliga matches are legally allowed until 10 pm”. The PR maintains that the reference noise levels considered permissible by the VGH could be met while the new Freiburg stadium is in operation. “We also assume that a noise measurement, as soon as possible, will confirm our opinion.”
Matthias Müller, head of the legal office of the city of Freiburg, was also confident “that there will be room for clarification based on the sometimes very formalistic decision of the VGH.” It is assumed that the new VGH decision in the main proceedings will not stand.
It remains to be seen if the ball will roll into Freiburg’s new stadium sometime in the late hours of the night.
