The Fourth Section of the Contentious-Administrative Chamber of the Superior Court of Justice (TSJCV) has issued this Monday an order by which it agrees provisionally suspend the decision of the Generalitat to limit the capacity of the stadiums to a maximum of 20,000 spectators of the Valencian Community that host professional competitions of soccer.
The court understands that the regional administration has not justified this measure and, consequently, and without resolving the merits of the matter, it considers the appeal presented by La Liga two days after the resolution of Health, agreed at the Interdepartmental Table of 6 September, in which it was agreed to leave the maximum number of spectators for sports events in open spaces at 20,000 (in the case of stadiums where professional football competition matches are held and that would affect the Mestalla, with a capacity for 55,000 people) .
In favor of the percentage but against the maximum total of fans
The appellants did not question the 60 percent of maximum capacity contemplated in the resolution of the Ministry of Health of last September 6 for the period between 7 and 27 of that month, but the added limit in terms of the total number of attendees.
They also alleged lack of justification and motivation for the measure, "based on objective data about the cumulative incidence rate" of the Valencian Community as of September 6, which, seven days later, was the lowest accumulated in Spain and the "inadmissibility" of introducing restrictions higher than those contained in the Agreement of the Interterritorial Health Council of September 1, according to the resolution, provided by the TSJCV and consulted by Europa Press.
For its part, the Generalitat opposed, arguing that the measures of the resolution "they meet the conditions of suitability, necessity and proportionality".
The magistrates, who consider that there is a "pericum in mora" (damages derived from the delay in the process), they also see that there is "lack of justification and motivation for the measure and, consequently, its inconsistency and disproportion".
The court does not appreciate in the administrative resolution or in the allegations to the appeal made by the Advocacy of the Generalitat "No reason that justifies the opportunity of the accumulated requirement to limit the capacity to 60% of the capacity of each football stadium, which is included in the agreement of the Interterritorial Health Council of September 1".
In this sense, they recall that the Health resolution already establishes a series of preventive measures for stadiums such as the requirement to keep a seat away in the same row, the sectorization of the accesses, the use of face mask or the consumption of food and drink.
"As the representation of the League alleges, the result that is reached is meaningless: that from a figure the available space (ratio of occupied / empty seats) begins to increase, without there being any risk factor that is justify, given the anticipation of the other preventive measures ", specifies the Chamber.
The Court also alludes in the order, which can be appealed in replacement, the foreseeable positive evolution of the pandemic and the vaccination rate for the first dates of effect of this measure in the Valencian football stadiums, on September 17.