A German judge struck down a lawsuit by a homeowner who complained about the noise emanating from First Division club Alemannia Aachen’s stadium.

The judge acknowledged evidence that the cheering exceeded the legal decibel limit when the newly promoted team scores, but because that happens rarely during its biweekly home games, it cannot be considered a permanent disturbance.

The plaintiff also sought compensation for depreciation on his property because when he bought it, Alemannia Aachen was a fourth division team that didn’t draw crowds large enough to make a disturbance. The judge ruled that he should have been aware the team could one day reach the First Division.