Who is playing against Schalke ?: Court negotiates in cup dispute

Munich (dpa) – In the Bavarian dispute over the right to start in the DFB Cup, the possibly trend-setting date will come.

The district court Munich I should clarify today (10.30 a.m.) at an oral hearing who can play in the first round of the cup against Schalke 04: Türkgücü Munich or 1. FC Schweinfurt. The cause had caused a stir in soccer Germany at the beginning of the month, since then the fronts have hardened. And the case is likely to continue. 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 should be allowed to compete in the DFB-Pokal – on the starting place that is normally reserved for the Bavarian amateur champion – the regional league winner. Türkgücü complained against this.

Why wasn’t the case decided earlier?

Türkgücü only filed the lawsuit a few days before the match date on September 13. The preliminary injunction of the court forced the German Football Association to postpone the game until final clarification. Türkgücü says the club was only able to call the court when the BFV officially announced its cup starters. It had been planned for a long time that Schweinfurt should play against Schalke.

Why is this one cup game so important for Türkgücü?

Even if the chance of advancing against Bundesliga club Schalke 04 is very unlikely, just taking part in the competition is worth a lot. First of all, there is an entry fee of 110,000 euros, and a game broadcast live on Sky is also interesting as an advertisement for the third division newcomer. President Hasan Kivran’s club has already achieved that people talk about Türkgücü.

What does the Bavarian Football Association say?

The association, headed by President Rainer Koch, is convinced that it acted in accordance with the rules. The BFV had considered the compromise during the lockdown and later changed the statutes. Above all, however, he regards the compromise as fairer than a procedure in which Türkgücü receives both promotion to the 3rd division and the cup place. “If Türkgücü is allowed to move up without being champions, then the best team remaining in the regional league will play in the DFB Cup – that is a maximally fair solution,” BFV lawyer Martin Stopper told 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 doubted the third division license from Türkgücü. After that, Kivran no longer felt obliged to make agreements and – as the company described it – went to court.

Will the case be finally decided by the regional court?

It is unlikely. Kivran has already announced that in the event of a legal defeat, he will call the next instance. That would then be the higher regional court in Munich. “It’s not about the money for us. In the meantime, the whole thing has hardened so much, it’s basically about the principle,” he told the “Süddeutsche Zeitung”. In addition, the proceedings initially only concern the injunction. At the same time, there is a complaint procedure at the Bavarian Association Sports Court, as BFV lawyer Stopper reported.

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