The Neighborhood Association of Those Affected by the Bernabéu has gone to court against the authorization granted by the Madrid City Council for the holding last November of a National Football League (NFL) event at the Santiago Bernabéu stadium, considering that the event was not covered by the assumptions provided for in noise legislation and that the municipal authorization omitted essential requirements to allow it.
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The lawsuit, reported by the neighbors in a statement, questions whether the authorized event can be classified as one of the exceptional acts contemplated by the Noise Law and argues that the municipal authorization lacked the necessary motivation and omitted a requirement it considers “essential”: to prove that, using the best available techniques, it was not possible to mitigate the expected noise during the event.
Exceptional cases have been foreseen
The neighbors also question the legality of article 19 of the Madrid Ordinance for Protection against Acoustic and Thermal Pollution (OPCAT), considering that the municipal regulation would have expanded the authorization assumptions established by state legislation, to which, according to them, it must be subordinated.
Specifically, the association maintains that the state law contemplates exceptional authorizations for events of special official, religious, cultural projection or of a similar nature. Among the examples cited are Armed Forces Day, the Pope’s visit, or a celebration linked to the conquest of a World Cup by the Spanish national team.
The organization therefore considers that the municipal ordinance would have incorporated authorization assumptions different from those provided for in state regulations and questions whether a private sporting event with commercial interest can benefit from these exceptions without meeting the legal requirements.
Furthermore, the neighbors allege a violation of European law regarding noise and health protection and have requested the judge to refer a preliminary ruling to the Court of Justice of the European Union (CJEU).
The association assures that it does not question the sporting practice and states it believes “in the virtues of sport,” but demands that any event must take place within the legal framework. “Above all else,” it places compliance with the law, which it considers a requirement that citizens must enforce.
In this regard, the Affected by Bernabéu warn that they will “permanently” fight the holding of private sporting events with commercial interest when, in their opinion, the legally established requirements are not met.
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Almeida’s stance
The mayor of Madrid, José Luis Martínez-Almeida, sees it as “reasonable” that the Santiago Bernabéu hosts the National Football League (NFL) in November and has defended that it can be held because the processing was done “correctly” and the authorizations granted are “appropriate.”
“It is a game that counts for the NFL regular season. Therefore, at first glance, it seems reasonable that a sporting event is held in a sports venue,” he told the media from Siemens’ new headquarters in Spain.
Regarding the complaint, the mayor stated that the neighbors “have every right” to go wherever they want “if they believe there has been a problem.”
The mayor emphasized that the American football game is a sporting event and considered it logical that it can take place at the Bernabéu. “It seems reasonable that, apart from the debate about concerts, a sports venue can host sporting events,” he said.
Almeida concluded that the new game can take place this year “just as it was held last year,” when the Bernabéu hosted the first official NFL game played in Spain.
The competition will return to the capital’s stadium on November 8 with a regular season game between the Cincinnati Bengals and the Atlanta Falcons.
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