The Residents' Association affected by the Bernabéu has filed a lawsuit against the City Council of Madrid for authorising the NFL game in November. They believe the license did not meet legal noise requirements.
The legal battle over noise at the Santiago Bernabéu has opened a new front. The Residents' Association affected by the Bernabéu has sued the City Council of Madrid for authorising the National Football League (NFL) game held last November, as reported by El Economista.
The organisation argues that the event was not covered by the exceptional circumstances outlined in the Noise Law and that the municipal license lacked the necessary justification. Furthermore, they claim that a requirement they consider "essential" was omitted: to prove that, using the best available techniques, it was not possible to mitigate the expected noise.
The residents also question the legality of Article 19 of the Ordinance for the Protection against Acoustic and Thermal Pollution of Madrid (OPCAT), which, in their view, expands the grounds for authorisation set by state legislation. According to the association, national regulations only allow exceptions for events of special official, religious, cultural or similar nature, such as Armed Forces Day or the Pope's visit, and not for a private sporting event with commercial interest.
The lawsuit also alleges a violation of European law regarding noise and health protection, and requests the judge to raise a preliminary question before the Court of Justice of the European Union (CJEU).
In their statement, the association asserts that they do not question the practice of sport and believe "in the virtues of sport", but demand that any event takes place within the legal framework. "Above all things", they place the compliance with the law, and warn that they will "permanently" fight against the holding of private sporting events with commercial interest when the established requirements are not met.
The Mayor of Madrid, José Luis Martínez-Almeida, has responded that he sees it as "reasonable" for the Bernabéu to host the NFL and defended that the processing was done "correctly". "It is a game that counts for the regular NFL season. Therefore, at first glance, it seems reasonable that a sporting event takes place in a sports venue," he stated to the media from the new Siemens headquarters in Spain.
The mayor reminded that the residents "have every right" to go to court "if they believe there has been a problem", and insisted that the American football game is a sporting event: "It seems reasonable that, aside from the debate over concerts, a sports venue can host sporting events."
The competition will return to the stadium on November 8 with a regular season game between the Cincinnati Bengals and the Atlanta Falcons. Almeida has assured that the new game can be held "just as it was held last year".
This lawsuit adds to the residents' offensive against concerts, which remain prohibited. In mid-June, the Supreme Court rejected Real Madrid's appeal against the ruling that annulled the municipal authorisations to hold concerts at the venue, considering that musical activities generated disturbances incompatible with the regulations.
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