Munich (dpa) – In the Bavarian dispute over the right to start in the DFB Cup, the potentially leading date will come.
The Munich I court must clarify during a hearing today (10.30 am) who can compete against Schalke 04 in the first round of the cup: Türkgücü Munich or 1. FC Schweinfurt. The cause had caused a stir in football Germany at the beginning of this month, since then the fronts have hardened. And the case will likely continue. However, a clear trend could now emerge in court.
What is the dispute about?
The Bavarian Football Association (BFV) decided during the forced Corona break to report Türkgücü Munich as the leader of the regional league for promotion to the 3rd division. As a compromise, the second-placed Schweinfurters would be allowed to participate in the DFB-Pokal – in the starting place normally reserved for the Bavarian amateur champion – the winner of the regional competition. Türkgücü complained about this.
Why has the matter not been decided earlier?
Türkgücü filed the lawsuit just a few days before the match date on September 13. The preliminary injunction of the court forced the German Football Association to postpone the match until final clarification. Türkgücü says the club could not call the court until the BFV officially announced its cup starters. It had long been the intention that Schweinfurt would play against Schalke.
Why is this one-cup game so important to Türkgücü?
While the chance of advancing against Bundesliga club Schalke 04 is highly unlikely, just taking part in the league is worth a lot. First of all, there is an entry fee of 110,000 euros, and a game that is broadcast live on Sky is also interesting as an advertisement for the newcomer to the third division. President Hasan Kivran’s club has already gotten people to talk about Türkgücü.
What does the Bavarian Football Association say?
The association led by President Rainer Koch is convinced that it has acted in accordance with the rules. The BFV had considered the compromise during the lockdown and later amended the statutes. Above all, he thinks the compromise is more fair than a procedure in which Türkgücü gets both promotion to the third division and a place in the cup. “If Türkgücü is allowed to move up without becoming champion, then the best team remaining in the regional league will play in the DFB Cup – that’s a maximum fair solution,” BFV lawyer Martin Stopper said the “kicker”.
Why is Türkgücü not satisfied with that?
The club is upset. According to club boss Kivran, Türkgücü would have agreed to the compromise. But then Schweinfurt publicly questioned Türkgücü’s third division license. After that, Kivran no longer felt obliged to make agreements and – as the company described it – went to court.
Will the case ultimately be decided by the regional court?
It is unlikely. Kivran has already announced that he will call the next agency in the event of a legal defeat. That would be the higher regional court in Munich. “For us it’s not about the money. In the meantime, the whole thing has become so hard, it’s actually about the principle,” he told the “Süddeutsche Zeitung”. Moreover, the procedure initially only concerns summary proceedings. At the same time, a complaints procedure is pending with the Bavarian Sports Court Association, BFV lawyer Stopper reports.