No violation of the principle of proportionality
The OVG announced that the capacity limitation for football stadiums does not violate the principle of proportionality: “Even with the current infection situation, in which there is no acute threat of overloading the intensive care units, it is not objectionable that the legislator does not yet consider infection control measures to protect life and health and to maintain a functioning health system to be dispensable“, according to the court.
It goes on to say that “By specifically setting a capacity limit of 10,000 spectators, the legislators have found a constitutional balance between the particularly important public interest interests pursued with the spectator restrictions and the considerable impairment of fundamental rights of the organizers caused by the restrictions” might.
No evidence of a life-threatening situation
According to the court, the “Dangers to the life and health of the population and the functionality of the health system” higher weight than the economic interests of the association. This suffers “quite considerable financial losses per game day“, but would not have proven that the consequences of the current capacity limitation are life-threatening.
FC sees its fundamental rights violated by the decision. In this case, you can go to the Federal Constitutional Court in Karlsruhe or to the NRW Constitutional Court. The top constitutional judges in North Rhine-Westphalia will announce a decision in the evening, said a spokeswoman for the German Press Agency.
Despite the verdict, the FC no longer have to wait too long for a fuller stadium. The federal-state conference announced extensive easing for March last Wednesday.