The football clubs are pushing for more fans in the stadiums, following the HSV model. In addition to financial losses, some clubs have another concern. Constitutional lawyers expect full arenas soon – on one condition. SPD health expert Lauterbach disagrees.
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). The FSV Mainz 05 relies on an interim solution with the “2G-plus” rule: 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 among 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 tiers of many clubs remain partially empty. “It is time for the ‘caution team’ to take care that it does not become a ‘unworldly team'”, the outgoing managing director of the German Football League (DFL), Christian Seifert, last warned.
Hope for the Hamburg model
The decision of the Hamburg Senate on Tuesday gives many professional clubs hope: Second division Hamburger SV can use the Volksparkstadion to full capacity again under 2G conditions, even if Hamburg will forego this 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 crowded houses to be a responsible risk,” said Watzke of “Welt am Sonntag”.
Constitutional lawyer Björn Schiffbauer believes that other arenas in addition to the HSV stadium 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. But: “Without 2G it would be much more difficult to argue that the stadiums should be fully reopened,” explained Schiffbauer.
Clubs are even threatening legal action
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 wanted 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. “The Corona Protection Ordinance must be dealt with separately in each federal state. Not much is gained with a lawsuit.” Ultimately, it will come down to a coordinated approach in politics.
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 at the request of the German Press Agency: “Unfortunately, even under 2G conditions, it does not make sense at the moment to completely fill the stadiums.” Because of the decrease in vaccination protection, full stadiums would also be a problem because of the journey.
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 8014 spectators against Union Berlin and 8427 spectators against Mainz. 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 an “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.

I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.