Stadium theater in Lucerne with a new twist: FCL chaos: the league boss is also in the swamp

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Legal disputes flourish at FC Luzern. From this week, the focus will be on Stadion Luzern AG, 60 percent of which is owned by Bernhard Alpstaeg (77). But to secure this block of shares, the patron, who is described as a shirtless man, is said to have resorted to illegal means. These are the accusations.

During the construction of the Swissporarena, a construction rights agreement stipulated, among other things, that in the event of changes in the shareholders of Stadion Luzern AG, FCL Holding AG and the City of Lucerne each have a pre-emptive right. This should ensure that no unwanted shareholder ends up in the shareholder base. But it is precisely this right of first refusal that Alpstaeg is said to have ignored when he took over Antoga AG, owner of the share package, in 2019.

Studhalter was right in the middle of it instead of just there

A well-known personality in Central Switzerland would have helped Alpstaeg decisively: Philipp Studhalter. The corporate lawyer is currently chairman of the Swiss Football League (SFL). Between 2016 and 2021, he was not only chairman of the board and CEO of FC Luzern Holding AG, but also Alpstaeg’s lawyer. His name has already been mentioned in the other pending legal dispute, which concerns Walter Stierli’s share package. Now the same thing is happening in connection with Stadion Luzern AG.

FC Luzern Holding AG accuses Studhalter of representing the interests of his client, Alpstaeg, instead of the club’s interests at the time. “He knew about this purchasing right. “But he deliberately informed the other board members differently,” says board member Ursula Engelberger. In his role, he was obliged to represent the interests of the holding company, according to Engelberger.

“Totally unfounded”

An email published by the board of directors of FCL Holding AG on Wednesday afternoon aims to prove Studhalter’s misconduct. This was written by the Studhalter law firm. It says: “I have not found a solution that gives open control of the shares in the short term without triggering the purchasing right of the City of Lucerne or FCL Holding AG.”

The recipient of the email included Alpstaeg. Accordingly, he, like Studhalter, was aware of this right to purchase. Alpstaeg spokesperson Sacha Widdorovits describes the latest accusations as “completely unfounded” and continues to strongly oppose them. “Bernhard Alpstaeg had nothing to do with the right of first refusal.” He justifies this by saying that Alpstaeg acted as a buyer of the share package in question and not as a seller. But that only applies to a limited extent. Because Alpstaeg did not buy the share package itself, but the company that owned it.

Therefore, Alpstaeg should have informed FCL Holding AG that it intended to acquire Antoga AG and in a further step – as stipulated in the superficies contract – granted FCL Holding AG the right of first refusal by registered letter.

Complaint against Studhalter and Alpstaeg

What is especially explosive in this legal dispute is the price Alpstaeg paid for his share in the stadium. There is talk of a purchase price of approximately 1.2 million francs as laid down in the construction contract. Instead of the club, Alpstaeg privately took advantage of this very attractive offer. “Given that the football stadium in Lucerne was financed with public funds of more than 50 million francs, the conduct of Bernhard Alpstaeg and Dr. Philipp Studhalter must be formally condemned,” the club wrote. Both have been charged with attempted disloyal business dealings.

In fact, this approach has little to do with the principle that every lawyer applies. The principle of good faith requires loyal and trustworthy behavior in legal transactions. In this case, however, there isn’t much to see. Studhalter clearly knows how to please people. This is confirmed not only by Engelberger, but also by other people who worked with him at FCL. They all describe him as someone who can fascinate people. That’s why everyone trusted him blindly.

What happens to the league boss?

But what impact does Studhalter’s misconduct during his time at FCL have on his current position as league boss? There are already voices saying that he will not survive the new elections in November. At Blick’s request, the competition is down-to-earth. “The SFL is advised that there is a legal dispute to which the league is not a party and on which it is therefore unable to comment. What can be said is that no verdict has been delivered so far and the presumption of innocence applies.”

He will not be able to count on the vote of FCL chairman Stefan Wolf. “Maybe I’ll abstain,” he says, laughing. Club insiders add that Wolf would do exactly what Studhalter often did during his time at FCL. The minutes of the meetings would show that.

Source : Blick