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Fund-rai­sing cam­paign

Lawsu­it against the foil ban in Sax­o­ny

Dear fri­ends of foi­ling,

All over the world foi­ling is cele­bra­ted as the gre­at inno­va­ti­on in water sports, but in Sax­o­ny it has been ban­ned.

Short ver­si­on:

We have filed a nul­li­ty decla­ra­to­ry action against this ban, but this can be asso­cia­ted with not incon­sidera­ble cos­ts with up to 15,000 €. In this way we are now loo­king for sup­port­ers who will help us with this pro­ject in the form of a dona­ti­on. Sin­ce the Saxon aut­ho­ri­ties are sug­gest­ing to initia­te a nati­on­wi­de ban, suc­cess in the pro­cee­dings is important for all Foi­lers in Ger­ma­ny ! The Dona­te-But­ton brings you direct­ly to the dona­ti­on pos­si­bi­li­ty. Thank you in advan­ce for your com­mit­ment !

Dona­te with Pay­Pal but­ton :

Long ver­si­on:

By decree of 23.05.2022, the Saxon Sta­te Minis­try of Eco­no­my, Labor and Trans­port (SMWA) has deci­ded to ban the use of foils of any kind on Saxon waters. How exact­ly this decis­i­on was made and how the ban is jus­ti­fied remains unclear. The­re is only gene­ral talk of a “ten­den­cy to dan­ger”, wha­te­ver is meant by that. Yet the­re is not a sin­gle acci­dent in Ger­ma­ny that can be attri­bu­ted to foi­ling, even though it has been prac­ti­ced for over five years — which sport can cla­im this?

We are of the opi­ni­on that the foi­ling ban is not legal and is based on fal­se assump­ti­ons. The reaso­ning that foils achie­ve hig­her speeds than nor­mal wind­sur­fing or kiting is fac­tual­ly incor­rect.

What hap­pen­ed so far

Saxon water sports enthu­si­asts have done a gre­at deal to reach a diplo­ma­tic solu­ti­on to the pro­blem sur­roun­ding the con­tro­ver­si­al decree ban­ning foils. The SMWA as well as the Sax­o­ny Sta­te Direc­to­ra­te was writ­ten to direct­ly seve­ral times and various solu­ti­ons were also pro­po­sed. The­re were reports in various news­pa­pers and trade jour­nals, an MDR report and seve­ral You­tube vide­os on the sub­ject.

Par­ti­cu­lar­ly note­wor­t­hy is also the online peti­ti­on “Lif­ting the Foil Ban in Sax­o­ny” with over 6,200 signa­to­ries:

Howe­ver, the search for dia­lo­gue and a diplo­ma­tic solu­ti­on on the part of water sports enthu­si­asts is met with an igno­rant and at times even imper­ti­nent atti­tu­de on the part of the aut­ho­ri­ties. We are sur­pri­sed our­sel­ves that a dis­cus­sion on a fac­tu­al level hard­ly seems to be pos­si­ble. Ins­tead, the­re are now even the first offi­ci­al war­nings inclu­ding fines against wing­foi­lers.

On July 12, the SMWA invi­ted to a “round table”, which was desi­gned as a kind of “par­ti­ci­pa­ti­on dis­cus­sion” and to which various affec­ted per­sons and/or insti­tu­ti­ons were invi­ted. Among others, repre­sen­ta­ti­ves of the SMWA, the Saxon Sta­te Direc­to­ra­te (LDS), the Asso­cia­ti­on of Ger­man Water Sports Schools (VDWS), the Saxon Sai­ling Asso­cia­ti­on (SSV), the Ger­man Stan­dup Padd­le Asso­cia­ti­on (GSUPA), the water poli­ce and other minis­tries were pre­sent. Unfort­u­na­te­ly, howe­ver, this did not lead to any signi­fi­cant result. Ins­tead of addres­sing the argu­ments of the asso­cia­ti­ons against a ban or at least agre­e­ing on com­pro­mi­se solu­ti­ons, the con­clu­si­on was that in the future a bet­ter legal basis for war­ning foil users would have to be crea­ted. Sin­ce then, the­r­e­fo­re, the­re has even been the dan­ger that the foil ban will be incor­po­ra­ted into the Navi­ga­ti­on Act and thus cemen­ted even fur­ther.

It has never been our goal to take legal action against the foil ban, but we have alre­a­dy done some legal rese­arch. We had always hoped to find a solu­ti­on through dia­lo­gue on a fac­tu­al level. We still haven’t com­ple­te­ly given up this hope, but we don’t want to clo­se our­sel­ves off to rea­li­ty. The SMWA was very quick to ban foi­ling, but does not seem to be in any par­ti­cu­lar hur­ry to find solu­ti­ons. Alt­hough the SMWA asserts that they want to allow foi­ling in prin­ci­ple, this decla­ra­ti­on of intent does not seem to be fol­lo­wed by any action for the time being.

The­r­e­fo­re, from our cur­rent point of view, the most pro­mi­sing way to pro­ceed against the foi­ling ban seems to be the legal action. The­r­e­fo­re, we will soon file an action for annul­ment against the foil ban in coope­ra­ti­on with the Colo­gne lawy­er Dr. Ced­ric Mey­er (PhD in admi­nis­tra­ti­ve law with affi­ni­ty to water sports).

We, that is SKVL mem­ber Prof. Dr. Alex­an­der Carôt (kitesur­fing foi­ler and wing­foi­ler), Phil­ipp Küm­pel (wing­foi­ler of the first hour and social­me­dia acti­vist), Dr. Chris­ti­an Mar­tin (wind­sur­fing foi­ler and vete­ran of the cen­tral Ger­man wind­sur­fing sce­ne), Klaus Tie­fen­ba­cher (wing­foi­ler and owner of Surfshop24) as well as Mat­thi­as Rüde (father of foil young talent Jonas Rüde (13 years)). In addi­ti­on, the pro­cess is kind­ly sup­port­ed by Johan­nes Becher from the wing­foil sce­ne of North Rhi­ne-West­pha­lia.

With this we repre­sent the dif­fe­rent inte­rests for the basis of the lawsu­it, which we want to lead in the name of all wing­foi­lers. The lawsu­it is curr­ent­ly being draf­ted and will even­tual­ly be sub­mit­ted to the Sta­te Admi­nis­tra­ti­ve Court in Dres­den. We hope to sub­mit it befo­re the end of this month (Octo­ber 2022).

The goal of the lawsu­it is to over­turn the foil ban as a who­le, whe­ther the foil is used for wind­foi­ling, wing­foi­ling, kite­foi­ling, or under a SUP.


We expect that the lawsu­it at the Regio­nal Admi­nis­tra­ti­ve Court in Dres­den will cost up to 15,000 Euros, depen­ding on the out­co­me of the case. This includes legal fees, court cos­ts and other expen­ses.

If we do not achie­ve our goal in the pro­cee­dings, fur­ther pro­cee­dings could fol­low up to the Fede­ral Admi­nis­tra­ti­ve Court. In that case, we would have to reck­on with fur­ther cos­ts, about which we will inform you sepa­ra­te­ly on this web­site. For the time being, we are con­cen­t­ra­ting on the lawsu­it at the regio­nal admi­nis­tra­ti­ve court.

Dona­ti­on for sup­port

In order to be able to finan­ce the lawsu­it (and pos­si­bly sub­se­quent lawsuits) and to achie­ve our goal of over­tur­ning the foil ban, we have laun­ched this fund­rai­sing cam­paign. The Surf & Kite Ver­ein Leip­zig e.V. (SKVL) has kind­ly set up a dona­ti­on account to coll­ect the ear­mark­ed dona­ti­ons. Pro­ba­b­ly the easie­st way is to use the fol­lo­wing Pay­pal link.