The DFB’s Supreme Court has rejected Sp.Vg. Blau-Weiß 1890 Berlin’s appeal against the Berlin FA, stating it was partly inadmissible and without merit. As a result, Berlin Cup winners BFC Dynamo will enter this season’s DFB-Pokal as originally announced, and they will face Bundesliga team VfB Stuttgart in the first round.
Blau-Weiss 1890 Berlin had entered an appeal because of the Berlin FA’s decision of May 4, 2021 to only allow Regionalliga sides to continue participating in the Berlin Cup when playing of the competition resumed after the delays due to the effects of the coronavirus pandemic. The DFB Supreme Court underlined in their verdict the fact that all state associations have the power to make their own independent decisions.
Achim Späth, chairman of the DFB Supreme Court, commented, “The Supreme Court simply determines whether or not the concept of fair play, which applies to everyone, and the equal treatment requirement in the constitution have been abided by – and this was the case on this occasion. Blau-Weiß 1890 Berlin’s situation was different to those of the Regionalliga sides at that time, as the fourth-tier teams were allowed to train and play, unlike teams in lower divisions. As a result, it was fair to treat the Regionalliga and Oberliga sides differently in this scenario.”