The Contentious-Administrative Chamber of the Superior Court of Justice of the Basque Country (TSJPV) has issued this Friday an order in which rej
The Contentious-Administrative Chamber of the Superior Court of Justice of the Basque Country (TSJPV) has issued this Friday an order in which rejects the very precautionary measures srequested by the National Professional Football League (LFP) so that Basque football stadiums can have access to the 100% of its capacity, therefore, for the matches to be held this weekend in the Basque Country, the current limitation of 60% imposed by the Basque Government.
The National Professional Football League filed an appeal with the Basque High Court so that fans of the Basque Autonomous Community can enjoy, like those of the rest of the State, stadiums at full capacity, as it was approved this past Wednesday in the Interterritorial Health Council.
The Ministry of Health and the autonomous communities agreed in the Interterritorial Health Council, with the abstention of the Basque Country, to put an end to capacity restrictions in football stadiums, which will recover all of their locations starting this Friday, while that the capacity will be 80% in the closed pavilions.
Two weeks ago, the TSJPV agreed with La Liga in another resource and the capacity of the first and second division football stadiums (Liga Santander and Smartbank) became 60% in the Basque Country, compared to the current 30% until that moment established by the Basque Government.
However, now the TSJPV has rejected the very precautionary measures requested by LaLiga to complete the capacity, by not assessing the contentious chamber of the high court “special urgency”. In this way, it chooses to allow the Basque Government to present its allegations, giving the deadline until next Monday.
In his appeal, LaLiga demanded the adoption, so “immediate and without hearing the administration”, of the measure increase in the maximum capacity for attendance at professional football competition matches held in the Basque Country.
To justify the haste that would allow the adoption of a measure ‘in audita parte’, the National League of Professional Soccer argued the concurrence of “reasons of special urgency”, since, as it affirmed, “in the case of maintaining the current capacity, they would be causing irreparable damages, direct and indirect, to multiple recipients “.
Thus, it referred to the organizing clubs, fans, footballers, businesses and sponsors, and even “the general interest and the image of Spain in general and the Basque Country in particular.”
More specifically, LaLiga pointed out that this weekend three matches would be held in the Basque Autonomous Community, so that, “if the measure is not adopted, they would be irretrievably harmed by the decision of the Basque Government to maintain the limitation of gauges on soccer fields “.
For its part, the contentious chamber, chaired by Judge Luis Angel Garrido, considers that the “only argument that would give rise to the existence of urgency would be the celebration, this weekend, of three football matches that would be seen affected by the limitations. “
After acknowledging that this circumstance “could cause eminently economic damages “, considers that they cannot “ignore that the reasons that can be invoked to maintain the limiting measures of capacity affect a matter as sensitive as public health”, which, in their opinion, “makes it essential to listen to the administration , for purposes of power know the reasons that lead her to continue with the restrictions. “
In this sense, he believes it is necessary to take into account that, “with these allegations, circumstances that justify the measures contained in the contested decree can be revealed.” Thus, it warns that, “if these restrictions are justified, if the measures were lifted without having granted the administration the possibility of justifying them, the health of the population would be endangered.”
“Faced with this danger, the maintenance of the limitations can cause economic damages that, although they are serious, could be repaired in the event that it is finally proven that the restrictions were not justified”, adds the order, to insist that ” Although some urgency can be appreciated in the situation described by the appellant, this would not be of such intensity as to require a decision without giving the other party the possibility of being heard about it “.
For this reason, the contentious-administrative chamber of the TSJPV does not appreciate “the special urgency for the adoption of the very precautionary measure concerned by the National Professional Football League” and orders in its resolution, which is firm and against which there is no recourse any, the processing of the precautionary incident in accordance with the provisions of the Law and, for this purpose, is granted to the Basque Government, for the Form of allegations, deadline until 2:00 p.m. next Monday, October 4, 2021.