FC Bayern Munich requires a 3G certificate, Borussia Dortmund, with a few exceptions, does not allow people who have been tested, but only those who have been vaccinated or recovered (2G). With the "2G-plus" rule, the FSV Mainz 05 relies on an interim solution: In addition to areas for exclusively vaccinated and convalescent people, there is also a small quota for those who tested negative. One thing is certain: there is a confusion of spectators at the football clubs, which have been able to receive more fans again since this season, subject to certain conditions. For some clubs, the partial opening does not go far enough. Are you pushing for more visitors and threatening legal action - with a chance of success?
50 percent occupancy, a maximum of 25,000 spectators: this is the basic rule that politics has imposed on the clubs in the two top divisions in football. While at cultural events with a 2G concept, some of the seats may be occupied, the ranks of many clubs remain partially empty. "It is time that the 'caution team' takes care that it does not become a 'unworldly team'", the outgoing managing director of the German Football League (DFL), Christian Seifert, last warned.
The decision of the Hamburg Senate on Tuesday gives many professional clubs hope: the second division club Hamburger SV may use the Volksparkstadion to full capacity again under 2G conditions, even if the Hamburg team will not do so on Sunday against 1. FC Nürnberg for organizational reasons.
BVB boss Hans-Joachim Watzke recently called for such a decision.
"If the vast majority of viewers are vaccinated and the children have been tested, I consider football games in front of well-filled houses to be a responsible risk," said Watzke of "Welt am Sonntag".
Not all go along
The second division club FC St. Pauli will only allow fans who have been vaccinated or recovered to enter the stadium against Dynamo Dresden on October 3rd.
Then, for the first time since the beginning of the corona pandemic, 29,546 spectators could come to the Millerntor Stadium.
Constitutional lawyer Björn Schiffbauer believes that other arenas in addition to the stadiums in Hamburg may be fully occupied again in a few weeks under the 2G requirement. After all, the 2G regulation could well guarantee public health protection. "Restricting the freedom of clubs and spectators further would be disproportionate," said Schiffbauer, who is also a member of the control committee of the German Football Association.
The problem: Not all Bundesliga clubs are following the 2G regulation.
FC Bayern has so far relied on 3G as well as Hertha BSC.
Mainz is testing an interim solution next weekend.
"We do not want to exclude those who have only been tested," said the Mainz-based CEO Stefan Hofmann last in an interview with the Bild newspaper.
Even at Union Berlin, the 2G option will not be used in the next home game against Arminia Bielefeld because it is "not feasible", as it was said in a club announcement on Tuesday.
In addition to the fans, it also includes the Union employees, the staff employed by all service providers, authorities, associations and all representatives of the visiting club.
"There is not much to be gained from a lawsuit"
At Eintracht Frankfurt it turns out that 31,000 spectators are likely to come against 1. FC Köln on Saturday, but the club only allows 25,000 fans for organizational reasons. The Frankfurt Health Department had promised to approve the application for up to 31,000 spectators, taking into account the 2G regulation in the standing area, but "due to the short-term nature and the organizational challenges associated with it", the Frankfurters refrained from this option. One thing is clear: "Without 2G, it would be much more difficult to argue that the stadiums should be fully reopened," said Schiffbauer.
If the football clubs - especially taking into account the 2G rule - are not allowed to increase their audience capacity, some clubs have threatened legal action.
"We would join a lawsuit," said Hertha managing director Fredi Bobic.
And Watzke, who initially wants to focus on a dialogue with politicians, did not rule out legal measures as an “ultima ratio”.
No general statement could be made about the chances of success of these lawsuits, said Schiffbauer.
"Against the regulation of the Corona Protection Ordinance, action must be taken separately in each federal state.
There isn't much to be gained with a lawsuit. ”Ultimately, it will come down to a coordinated approach in politics.
Signal effect for other countries
Federal Minister of Health Jens Spahn (CDU) had recently made hope for at least fuller stadiums. The CDU politician explained that the number of participants for those who had been vaccinated and those who had recovered could be calculated differently than those who had been tested. SPD health expert Karl Lauterbach said in response to a request from the German Press Agency: “Unfortunately, even under 2G conditions, it doesn't make sense to fill the stadiums completely at the moment.” Due to the decrease in vaccination protection, full stadiums would also be a problem because of the journey represent.
Many clubs are not only concerned about the financial losses, but also fear that fans could get used to a football game in front of the television.
TSG 1899 Hoffenheim had only 8,014 spectators against Union Berlin, against Mainz 8,427 –15,000 are allowed.
Even with Hertha or Greuther Fürth, not all tickets were sold out despite their lower capacity.
TSG coach Sebastian Hoeneß predicted that it will take some time before the fans come back to the stadium in full.
Fürth coach Stefan Leitl spoke of "uncertainty" among many fans.
Whether 2G, 3G or 2G-Plus - the football clubs have not gotten rid of the ongoing Corona issue so far.
But the decision of the Hamburg Senate could have a signal effect for other federal states.