General ruling

on the ban on carrying weapons and knives on 18 January 2025 in the immediate vicinity of the event site on the occasion of the opening event of the Capital of Culture Year 2025 in Chemnitz

Pursuant to Sections 1 para. 1 no. 3, 5 para. 1 and 31a para. 1 i. in conjunction with para. 2, para. 5 of the Saxon Police Authorities Act in the version dated 11 May 2019 (SächsGVBl. p. 358, 389), which was amended by Article 2 of the Act dated 22 July 2024 (SächsGVBl. p. 724), the following

General decree

of the City of Chemnitz for 3 May 2025 to maintain public safety and order in connection with the Chemnitzer FC football match at the stadium on Gellertstraße, Gellertstraße 25, 09130 Chemnitz.


1. the following orders are issued to enforce the prohibitions specified in § 31a para. 1 of the Saxon Police Authorities Act (SächsPBG):

a. The ban, in accordance with § 31a paragraph 1 number 1, second alternative SächsPBG includes the following objects:

• Metal rods, slats
• Chains (except jewellery)
• Baseball bats
• stones
• Knives that do not fall under the WaffG
• Cutting and stabbing tools (e.g. scissors)
• Gloves filled with quartz sand

b. The ban pursuant to Section 31a(1)(2) SächsPBG includes the following items:

• Helmets
• protective vests
• Protectors and armour
• Puncture-resistant gloves/protector gloves

• Boxer mouthguards/bite guards

c. The ban pursuant to Section 31a(1)(3) SächsPBG includes the following items:

• balaclavas
• misused tube scarves
• ski masks
• Hooded jacket/hood with integrated goggles/mask/ balaclava
• Misused mouth-nose protection masks (except medical masks)
• Disposable overalls

2. according to the attached site plan (see map), which is part of the order, the order area includes the following streets/streets, paths and squares:

• Georgstraße from Bahnhofstraße to Straße der Nationen
• Straße der Nationen from Georgstraße to August-Bebel-Straße
• August-Bebel-Straße from Straße der Nationen to Dresdner Straße
• Thomas-Mann-Platz
• Hilbersdorfer Straße from August-Bebel-Straße to Emilienstraße
• Gellertstraße from Dresdner Straße to Zietenstraße
• Hainstraße from Palmstraße to Forststraße
• Forststraße from Hainstraße to Steinweg
• Mauerstraße from Georgstraße to Minna-Simon-Straße
• Pedestrian subway "Bazillenröhre" from Mauerstraße to Dresdner Straße
• Dresdner Straße from pedestrian subway "Bazillenröhre" to Gellertstraße
• Palmstraße from Dresdner Straße to Zietenstraße
• Reinhardtstraße from Palmstraße to Gellertstraße
• Connecting path (Schwarzer Weg) from Forststraße to Heinrich-Schütz-Straße
• Heinrich-Schütz-Straße from Planitzwiese to Zietenstraße
• Zietenstraße from Heinrich-Schütz-Straße to Forststraße
• Planitzwiese industrial estate
• Zeißigwald woodland between Planitzwiese, Eichenweg, Reitweg and Forststraße
• Stadium on Gellertstraße (Gellertstraße 25 event site)
• Car parks P2, P3, P4/Heim, P4/Gast, and car parks on Forststraße (both already included in Forststraße from Hainstraße to Steinweg), CPSV car park
  
  

3. the orders apply in the above areas on 3 May 2025 from 11:00 a.m. to 7:00 p.m.

4. the immediate enforcement of paragraphs 1 to 3 of this order is ordered in accordance with § 80 para. 2 no. 4 of the Administrative Court Code (VwGO).

5. the general ruling shall be deemed to have been announced on Thursday, 1 May 2025.

Chemnitz, 30 April 2025

I. Facts of the case

On 3 May 2025, Chemnitzer FC and 1. FC Lokomotive Leipzig will meet as part of the 32nd matchday of the Regionalliga Nordost. The match will be played at Stadion an der Gellertstraße, Gellertstraße 25, 09130 Chemnitz. Kick-off is at 14:00. The match has been categorised as a category 1 security/risk match by the police, the city of Chemnitz and the host club.

There is evidence that the supporters of both teams have a high potential for violence and have a traditionally rivalrous relationship.

The police risk assessment is based on the following key aspects:

The football match on 3 May 2025 is a so-called East derby. Derbies regularly evoke a higher level of emotionalisation among the fan camps involved and have a high symbolic significance, as they are often associated with a longer history and rivalry that goes back to the time of the former GDR Oberliga. With regard to the upcoming match, the fan relationship must be described as rivalrous due to the circumstances, so that an increased willingness to use violence and aggression on the part of the fan camps, especially the risk groups, can be assumed.

This is exacerbated by the sporting situation. The match is a "championship match". With a win against Chemnitzer FC, LOK Leipzig can be crowned league champions and thus gain admission to the relegation play-offs for promotion to the 3rd division. The supporters of Lokomotive Leipzig will capitalise on this and give their team the greatest possible support for the match. A very large number of visiting fans can therefore be expected.

In the event of a defeat and a parallel victory by Halle FC, however, all prospects of promotion could be jeopardised. Experience has shown that such a defeat leads to increased frustration and a rise in violence among the fans of the losing team. Clashes and violence are to be expected as a result.

The two teams have met several times in league matches in the past, with the following facts, among others, coming to light.

A manageable number of 58 visiting fans travelled by train to the last match in Chemnitz on 15 September 2023. The 58 fans were escorted to the stadium on foot by police officers. During the escort, a dangerous assault was committed against a Chemnitz fan. During the departure phase, a Leipzig fan insulted a police officer.

The following offences were recorded at the matches on 2 March 2024 and 18 November 2024 in Leipzig

2 March 2024:

• incitement of the people (a group of 50 Lok fans sang "L'amoure Toujours - Deutschland den Deutschen - Ausländer raus")

• attempted grievous bodily harm (beer cup thrown in the direction of the referee)

• dangerous bodily harm (brawl between 8 Lok supporters and 2 Chemnitz fans)

• sexual harassment (the injured party was touched indecently on the buttocks)

18 November 2024:

• multiple burning of pyrotechnics by the fans of Lokomotive Leipzig

• a robbery offence to the detriment of a Chemnitz fan

• an assault to the detriment of a police officer.

Due to the attractiveness of the match and the short distance between Leipzig and Chemnitz, the police expect a high level of spectator interest in the match on 3 May 2025. The high number of spectators is further emphasised by the above-mentioned circumstance of the possible "championship match". Both clubs and the police are therefore expecting at least 3,000 visiting fans to attend.

It is also safe to assume that the respective disruptive groups will also be travelling.

The hourly train connection between Leipzig and Chemnitz will lead to an increased number of Leipzig supporters travelling by train. Starting from Chemnitz main station, a united march of Leipzig fans to the stadium can be expected.

In addition, regardless of the train journey, a large number of fans are expected to arrive by car and vans.

Based on the experience of previous matches and in view of the close proximity of the two cities, an early arrival of disruptive groups to Chemnitz and possible actions in this context cannot be ruled out.

A clear indication of the possible behaviour of Lokomotive Leipzig supporters manifested itself at the recent match between BSG Chemie Leipzig and LOK Leipzig on 23 March 2025 in Leipzig. Several offences were committed by both fan camps on this match day. For example, Lok supporters set fire to 2 toilet blocks and set fire to rubbish after the end of the match. In addition, numerous pyrotechnic products were set off, which led to a temporary interruption of the match. After the end of the match, a robbery was committed in the Lok supporters' area. Several unknown offenders snatched and stole a bread roll holder from an employee of the catering stand. A pretzel stand was also stolen and a window of the kiosk was damaged.

In addition, heavy alcohol consumption by visitors, especially during the arrival phase, is to be expected. This leads to alcohol-related symptoms of drunkenness and regularly results in a lowered inhibition threshold for possible acts of violence.

In general, it can be assumed that ordinary fans will also come to the stadium due to the attractiveness of the opponent and will go to the usual meeting points in order to experience the feeling of community. In addition, targeted mobilisations of the scene to the stadium surroundings are conceivable, so that fans who are not organised in one of the fan scenes may also feel addressed by such mobilisations. It is therefore expected that the scene's typical meeting points around the stadium will also adapt to this situation.

In the past, supporters of Chemnitzer FC have often sought direct confrontation with opposing fans. To this end, they have attempted to enter the area of the visiting fans via the immediate vicinity of the stadium or on the arrival/departure routes of opponents travelling by train. Such attempts are also to be expected at the upcoming match.

The Chemnitz Police Department therefore expects the following behaviour in particular for the upcoming match:

• Police measures to ensure compliance with the law will be largely ignored and rejected,
• official action in the stadium environment to prevent violations of the law will lead to considerable frustration and aggression among the people present,
• Due to a lowered inhibition threshold triggered by increased alcohol consumption, reactions in the form of violence against property and/or people are to be expected as possible consequences on the way to the stadium, during the football match and also on the fans' way home.

The risks described are primarily based on the fact that offences can be committed in the stadium and in the immediate vicinity of the stadium during high-risk matches, especially in the context of derbies, and that the listed objects are used by violent individuals to carry out violent actions or other disruptions. In the past, the carrying and use of the aforementioned objects was regularly observed on public streets, particularly in the wider vicinity of the stadium.

In summary, there is a high probability that the match on 3 May 2025 will be accompanied by disruptions to public safety and order and the associated impairment of the legal system. As with previous matches, it can be assumed that bodily harm and property offences of all kinds and other violations of the Criminal Code, the Administrative Offences Act, the Weapons Act, etc. will be committed. Taking the aforementioned aspects into account, there is no doubt that considerable personal injury and/or property damage must be expected on the match day in question. It is therefore necessary to take all measures that can contribute to the disruption-free organisation of the event and the maintenance of public safety and order.

The City of Chemnitz, as the district police authority, fully agrees with this risk prognosis. In order to ensure a sustainable reduction of the risk, it is necessary to order the objects covered by the ban in accordance with Section 31a (2) SächsPBG.

II Justification

1. responsibility

In accordance with §§ 1, Para. 1 No. 3 and 31a Para. 5 of the SächsPBG, the city of Chemnitz is the district police authority responsible for averting danger. The local jurisdiction results from § 5 SächsPBG. The orders under numbers 1 to 3 of this general ruling serve to protect public safety and order, so that the security-related area of responsibility of the City of Chemnitz as the lowest security authority is opened up.


2 Regarding numbers 1 to 3:

2.1 Legal basis

The legal basis for the order in Section 1 of this general ruling is Section 31a (2) SächsPBG. According to this, police authorities can issue orders to enforce the prohibitions specified in Section 31a (1) SächsPBG, in which the objects covered by the prohibition are specified.


2.2 Specific danger

According to § 3 SächsPBG i.V.m. § Section 4 No. 3a SächsPVDG, a danger is a situation in which there is sufficient probability in an individual case that damage to public safety or order will occur in the foreseeable future. If the event proceeds unhindered, it is certainly to be expected that visitors to the area around the stadium on Gellertstraße, especially during the period mentioned in point 3, will use the objects mentioned in a football-related heated atmosphere in the anonymity of the crowd to the detriment of third parties and police officers. With regard to the football match on 3 May 2025, it is to be feared that the aforementioned objects may also be used in the course of attacks on emergency services or uninvolved third parties. The commission of criminal offences and administrative offences and thus violations of the legal system by these groups of people is to be expected on this match day, so that a concrete danger exists.

Furthermore, according to internal association regulations, this football match is considered a match with an increased security risk, for which there is sufficient probability based on general experience that a dangerous situation will occur at the event.

According to the assessment of the emergency services, the atmosphere in the designated area is considered to be aggressive and violent compared to other locations in the city in relation to the specific upcoming match event, as police measures could be vigorously resisted or even actively attacked, meaning that in many cases the situation could only be defused with the help of direct coercion. It is therefore sufficiently likely that the objects listed under point 1 a will be used as projectiles or weapons against (uninvolved) third parties or officers. Due to the previously described risk prognosis that there will be crowds of people in and around the stadium due to the high-risk match, so that the police officers and other persons present could be injured, the conditions for issuing the order for the objects covered by the ban in accordance with § 31a para. 2 SächsPBG are met.

The objects listed under 1 b are suitable and, under the circumstances, intended to ward off enforcement measures by the police.

Furthermore, the objects listed under 1 c are suitable for appearing in a form which, under the circumstances, is intended to prevent identification. At past matches, fans have masked themselves before using pyrotechnic products by using the aforementioned items, thereby evading detection by the police and subsequent criminal liability.

2.3 Discretion

2.3.1 Discretionary judgement

As the factual requirements of Section 31a (1) and (2) SächsPBG are met, the issuance of the police order under Section 1 of this general ruling is at the discretion of the City of Chemnitz.

The findings of the security authorities show that a certain state of emergency prevailed at certain match events. In view of the local conditions and the densely packed crowds there, the use of the aforementioned objects poses a concrete threat to public safety and, if the security authorities do not intervene, leads to a violation of the high-ranking legal right to health and life of the persons present or even uninvolved persons and emergency services. There is also a concrete threat to the property or possessions of individuals, for example through the removal of fan paraphernalia such as club scarves, flags, etc. Further disruptions must therefore be prevented at all costs.

The City of Chemnitz therefore considers an intervention under security law to be appropriate and necessary in order to avert the dangers described for all persons concerned and their property or possessions. The issuance of the order under No. 1 of this general ruling is therefore in accordance with due discretion.

2.3.2 Proportionality and weighing of judgements

The order is suitable, necessary and appropriate to ensure effective security. A milder but equally suitable means of averting the specific danger to life and limb of humans and animals as well as property or possessions is not apparent. Only the ordering of the prohibited objects appears to be effective and promising. The order is therefore necessary and suitable to fulfil the requirements laid down by law.

The necessity of the order under number 1 results from the following considerations:

a. Purpose of the order

The order serves the legitimate purpose of averting danger to life and limb of the persons present, police officers and uninvolved third parties in the area of the stadium on Gellertstraße. As already mentioned above, there is a concrete danger that police officers may be actively attacked or that visitors and uninvolved third parties may be seriously injured by the objects listed under point 1 a (Section 31a (1) no. 1 SächsPBG), which currently jeopardises their right to physical integrity (Article 2 (2) sentence 1 of the Basic Law (GG)). In addition, the objects listed under point 1 b serve to ward off enforcement measures by the police enforcement service (Section 31a (1) no. 2 SächsPBG) or the objects listed under point 1 c to appear in a guise that is suitable and, under the circumstances, is intended to prevent identification.

b. Suitability of the order

The order is suitable for achieving this purpose. A measure is suitable if it achieves or at least promotes the purpose pursued. The order fulfils the legislative provision of Section 31a (2) SächsPBG and designates the objects covered by the prohibition in Section 31a (1) SächsPBG.

c. Necessity of the order

The order under section 1 is also necessary to achieve this purpose. A measure is necessary if there is no milder means that would bring about the same result and would be less burdensome for those affected.

The order must be issued to enforce the ban on weapons pursuant to Section 31a para. 1 no. 1 second alternative of the ban on protective equipment pursuant to Section 31a para. 1 no. 2 as well as the ban on wearing masks pursuant to Section 31a para. 1 no. 3, as no milder, equally effective means are recognisable. Active attacks on police officers and third parties can only be prevented in this way.

A massive police presence and the enforcement of police measures is also not an equally effective and expedient means. Due to the vastness of the area and the crowds of people, which experience has shown to be densely packed, the police can only partially control the designated area. Communicative measures have little effect on the clientele concerned. With increasing alcoholisation, security problems increase and the already low willingness of the people present to cooperate decreases.

It is therefore to be expected that there will be repeated assaults on the emergency services and that they will injure themselves as a result. Against this background, an increased police presence and the enforcement of police measures should not be considered as a milder measure. Due to the imminent dangers, the order is necessary and represents the only equally effective means of protecting the citizens of Chemnitz, emergency services and uninvolved third parties from (significant) injuries.

The specified spatial and temporal limitation is necessary, as a narrower limitation would not be equally suitable. An even narrower spatial limitation would not fulfil the purpose of the measure equally well. According to the findings of the security authorities, the localities in the defined scope are the minimum extent of a spatial intervention in order to prevent dangers to life and limb of people and animals as well as property or possessions.

It is appropriate to base the order on the territorial scope of the City of Chemnitz Police Ordinance on the Maintenance of Public Safety and Order in Connection with Football Matches at the Stadium on Gellertstraße (PolVO Stadion an der Gellertstraße), which encompasses the area surrounding the stadium. It is also appropriate to include the direct access and approach routes to the stadium as well as places and focal points known to the police, where there have been several disturbances of public safety and order in the past, in the territorial scope of the general order.

The same applies to the time restriction, which refers to a period from 11:00 a.m. to 7:00 p.m., which covers a time frame of three hours before and approx. three hours after the match. Experience has shown that people are likely to gather in the immediate vicinity of the stadium during this time in particular. Particularly as a result of the match starting at 2.00 p.m., a large number of people can be expected to gather at the stadium from 12.00 p.m. at the latest due to general life experience and the possible arrival of the fan scene from Leipzig by train.


d. Appropriateness of the order

The ban ordered under point 1 is also appropriate and therefore proportionate in the narrower sense. This is the case if the disadvantages associated with the measure are not disproportionate to the intended purpose of the measure.

The assessment to be carried out in accordance with the principle of proportionality shows that the intended purpose cannot be achieved in the same way with another measure that is less intrusive. Although the ban represents a fundamental restriction of the general freedom of action, the interference is minor because it remains possible to leave the items in question at home and attend the football match in the stadium without these items. Both the spatial and temporal scope were kept as small as possible. The bans only apply in the immediate vicinity of the stadium on Gellertstraße, where, according to the police, large gatherings of people are expected and experience has shown that these areas are the most crowded. This spatial limitation is kept as narrow as possible and can be left quickly, so that only a short-term disturbance of the individual occurs. The time restriction from 11 a.m. to 7 p.m. also complies with the principle of proportionality. Furthermore, the City of Chemnitz's approach is also proportionate in the narrower sense, as the less disruptive means for all those affected has been chosen in comparison to an entry ban or exclusion of spectators. In relation to the individual rights affected here, in particular the constitutionally protected freedom of occupation and general freedom of action, the interests of the general public in physical integrity, which are particularly worthy of protection in accordance with Art. 2 para. 2 sentence 1 GG, prevail. An unconstitutional encroachment on the fundamental rights of those affected is not apparent: there is no violation of the general freedom of action guaranteed by Article 2 (1) of the Basic Law. It is true that the scope of protection of Art. 2 para. 1 GG, which protects every self-determined human action, is open. This also includes the carrying and use of the objects mentioned. However, the general freedom of action is limited by the rights of third parties, the constitutional order and the moral law. The waiver of the right to carry and use the listed objects does represent a restriction, but this has been justified by the legislator in § 31a SächsPBG. There is a concrete risk of a considerable danger to life and limb as well as property and possessions of persons in the area of the stadium on Gellertstraße. Weighing up the public interest against the comparatively minor interference with the general freedom of action of those affected, the measure is duly discretionary and, in particular, proportionate in the narrow sense. The measure is the appropriate and least intrusive means of preventing danger to life and limb as well as property and possessions of citizens and of ensuring the physical integrity of the general public in accordance with Article 2 (2) sentence 1 of the Basic Law.



3. to number 4: Order of immediate execution

Objections and actions for annulment against the regulatory orders in items 1 to 3 under item 4 of this general ruling have no suspensive effect, as immediate enforcement has been ordered.

The order for immediate enforcement is based on Section 80 (2) sentence 1 no. 4 and (3) of the VwGO. The order for immediate enforcement is in the public interest. The special public interest in the immediate enforcement of number 1 arises from the urgent need to avert danger to life and limb, in particular from persons, emergency and security forces on public roads, paths and squares. The general public has a legitimate interest in the creation of conditions to avert danger to the life and health of people and animals as well as vehicles and to be effectively protected from danger. In particular, the right to physical integrity (Art. 2 Para. 2 Sentence 1 GG) and the right to property and ownership (Art. 14 GG) must be protected. In the opinion of the City of Chemnitz, the interests of the emergency services, persons, animals and vehicles at risk within the scope of this general ruling, the associated need to avert danger to the general public and the interests of those affected in waiting until the final clarification of the legality of point 1 of this general ruling (cf. Art. 19 Para. 4 Sentence 1 GG) must take precedence over the interests of those affected.

Waiting until the decision becomes unappealable would mean that the listed objects would continue to be carried and used in the area of the stadium on Gellertstraße, which is unacceptable due to the above description of the dangers to life and limb of humans and animals as well as to property and possessions. However, the associated risks to the health and lives of people and the associated threat to physical integrity require immediate intervention under security law. The private interest in the use of the listed objects in the public domain must take a back seat to the important protected goods for the temporally and locally limited area of application.


4. to item 5: Publication

This general ruling and the reasons for it are published in accordance with Section 1 of the Saxon Administrative Procedure and Delivery Act (Sächsisches Verwaltungsverfahrens- und Verwaltungszustellungsgesetz - SächsVwVfZG) in conjunction with Section 41 (3) of the Administrative Procedure Act (Verwaltungsverfahrensgesetz - VwVfG), as notification to the parties involved is not possible due to the circumstances of the case. The public announcement is made in accordance with Sections 1 SächsVwVfZG, 41 Para. 4 VwVfG in conjunction with Sections 1 and 2 of the statutes of the City of Chemnitz on the form of public announcement and the customary local announcement (announcement statutes) of 5 May 2021 by the public announcement of this general ruling in the electronic edition of the official gazette of the City of Chemnitz on the website of the City of Chemnitz at www.chemnitz.de/amtsblatt.

In accordance with Section 41 (4) VwVfG, the public announcement of a written administrative act is deemed to have been made two weeks after the customary local announcement. However, in order to counteract the specific threat to life and limb, use was made of the option under Section 41 para. 4 sentence 4 VwVfG and an earlier announcement date was chosen.

The final and matchday-related risk forecast could only be prepared as part of the security consultation and was therefore only available to the district police authority on 29 April 2025. In order to prevent the current specific threat immediately, it was necessary to announce the general ruling in this way. Pursuant to Section 41 (4) sentence 4 VwVfG in conjunction with Section 7 (1) of the Publication Statutes, this general ruling is deemed to have been announced on the day following its public announcement.


III Notice of legal remedies

An objection to this general ruling may be lodged within one month of its public announcement. The objection must be lodged in writing, in electronic form in accordance with Section 3a (2) of the Administrative Procedure Act, in written form in accordance with Section 3a (3) of the Administrative Procedure Act and Section 9a (5) of the Online Access Act or for recording at the City of Chemnitz, Markt 1, 09111 Chemnitz or at any other office or citizen service centre of the City of Chemnitz.

If the objection is lodged in writing in accordance with Section 3a (3) of the Administrative Procedure Act, the following options are available:

1. Use of the online application "Submit an objection" available on the website of Office 24 (www.amt24.sachsen.de) and identification via eID
2. in the case of legal representation, by submitting via the special public authority mailbox (beBPo) "Stadt Chemnitz".
   

Notes:

1. also prohibited are all objects that are subject to the Weapons Act or the Explosives Act. Examples of this are firearms, knuckledusters, deadly clubs, pointed throwing stars or pyrotechnic products.

2. objects to which an offence under § 31a SächsPBG relates can be confiscated. § Section 74a of the Criminal Code applies accordingly.

3. any person may receive printouts of the electronic official gazette of the City of Chemnitz free of charge during general opening hours. It is also possible to have printouts sent to you against reimbursement of postage costs.


Chemnitz, 30 April 2025

Knut Kunze
Mayor

Appendix 1