Statement by the City of Jena on the ruling of the Gera Administrative Court

The Gera Administrative Court has ruled in summary proceedings on the notice of conditions regarding FC Carl Zeiss Jena’s home games for the 2026–2027 season. For high-risk matches, the capacity limit set by league regulations—90 percent (instead of the previous approximately 80 percent) of the approved capacity of the standing-room-only sections—will therefore apply when capacity is reduced. The City of Jena will fully implement the court’s procedural and substantive requirements and will decide on a case-by-case basis, as required.

More important than the specific number, however, is the legal clarification that the ruling provides on another issue: capacity and seating allocation. The current placement of the active fan section in the south stand is the result of an earlier compromise between security authorities, the stadium operator, and the fan community. In a resolution dated November 14, 2018, the City Council had originally envisaged the greatest possible spatial separation: visiting fans in the south, the active home fan community in the north. The subsequent return of the active fan group to the south was based on a shared fundamental consensus regarding the specific security conditions of this solution.

The legal proceedings against the City of Jena were conducted on behalf of the club by the vice president of FC Carl Zeiss Jena, attorney Tom Hilliger, whose law firm represents FC Carl Zeiss Jena Fußball Spielbetriebs GmbH as its legal counsel. The court explicitly questioned the parties involved regarding the seating arrangement. Both parties unanimously stated that there is no commitment, no contract, and no other legally binding declaration requiring that Block N in the south curve be reserved for the active home fan scene. The court found that the interest in occupying a specific stadium section, beyond the general freedom of action, is not a legally protected right, and that relocating the active fan section to reduce risk—provided it becomes necessary in a specific case based on a sufficient risk assessment— constitutes the less severe measure compared to a capacity restriction.

For the security authorities, this results in a changed order of consideration. Where the immediate proximity of two rival active fan groups in the same grandstand—separated only by a buffer section approximately 50 meters wide—creates a risk of escalation, the primary measure in the future will not be to reduce the number of spectators, but to increase the distance between them. The City of Jena will prepare a documented, case-by-case risk assessment for every high-risk match and formally consult with the club beforehand. If this assessment determines that physical proximity is the key risk factor, the active home fan group will have to be relocated to a section of the stadium significantly farther away from the visitors’ section. In this case, the South Stand could be utilized at a much higher capacity than before.
 

Mayor and Head of Public Safety Benjamin Koppe explains:

“The approach taken so far has demanded sacrifices from all sides: the police, the stadium operator, the city, and the fan community. That is precisely why it has lasted for years. I deeply regret that the club’s leadership has abandoned it. In court, the club itself has now stated that there is no entitlement to a specific section. That is the real message of this decision. Anyone who demands full capacity for high-risk matches can have it—but not with an active fan section just fifty meters away from the visitors’ section.”