The Bundeskartellamt announced the DFL that the 50+1 rule can remain, but must improve the DFL in the application. This results in tasks for the DFL, which primarily affect Leverkusen and Wolfsburg.
The authority published its conclusions from the exam of the 50+1 rule on Monday. Furthermore, she has “no fundamental concerns about the 50+1 rule”. Federal Cartel Office President Andreas Mundt warned three measures:
- It is decisive “that the DFL at all clubs in the Bundesliga and the 2nd Bundesliga equally ensures open access to membership and thus the participation of the fans”. The office had specifically referred to the situation at RB Leipzig, and questioned whether the e. V. there is “sufficiently open” for voting new members.
- The DFL should also “ensure that the ratings of the 50+1 rule are also observed in their own votes”. What is meant here is the dispute over Martin Kind’s voting behavior as the then managing director of Hannover 96 on the DFL investor deal.
- The most delicate point: “According to the new case law of the European Court of Justice, however, it no longer seems possible to provide permanent protection for clubs in the conditions proposed so far.” These are currently Bayer Leverkusen and VfL Wolfsburg. “Rather, all clubs generally have to find homogeneous competitive conditions. This means that all clubs have to ensure at least perspective that the mother association, which is open to new members, dominates the professional department.”
“We are now looking very closely at how 50+1 is lived”Andreas Mundt, President of the Federal Cartel Office, had already said Sportschau in December 2024. The uniform application of the rule for all clubs is crucial. The DFL shared in April 2024: “The 50+1 rule is a central and elementary part of the statutes of the DFL EV and applies to all members and organs of the league association.” The club’s presumption of clubs in the game is “A kernel” of the Bundesliga and the 2nd Bundesliga. “The DFL Presidium will continue to work for the protection and continued existence of the 50+1 rule.”
50+1 rule
The 50+1 rule states that the majority of the voice shares must always be in the hands of the mother club determined by members. The influence of investors is thus limited. An exemption applies to Bayer 04 Leverkusen and VfL Wolfsburg. These exceptions were justified with “continuously and considerable funding over at least 20 years”.
Influence by an ECJ judgment
A judgment of the European Court of Justice (ECJ) had led to new issues in the proceedings of the Federal Cartel Office at the end of 2023. The ECJ had accepted a association rule in Belgian football if it was transparently, objective, precise and non-discriminatory and was implemented accordingly.
The same applies to other association rules, like 50+1 in German football. That is why Germany’s highest competition authority had re -enacted its already ended test procedure.
The focus: Leverkusen, Wolfsburg, Leipzig, Hanover
But the contractual situation between investor Martin Kind and the registered association at Hannover 96 also wanted to take a closer look at the cartel office, and whether the 50+1 rule is still applied correctly there. In the highly competitive vote in January 2024 about the involvement of an investor in the DFL shops, the impression remained that Martin Kind as managing director of Hannover 96 contrary to the instructions of the Hannover 96 e. V. agreed with “yes”. Child never made public, as he voted. Again and again the mother club criticized that child opposed instructions. The DFL previously called the right to issue instructions “Main for compliance with 50+1”.
In addition, in the re -accompanied test procedure, lawn ball sport Leipzig came into the focus of the competition authority for the first time. At RB Leipzig it is possible that the objective of 50+1 will not be met – “Due to a new element of the mother club Rasenballsport Leipzig eV”In 2024 it was said in a letter from the competitive keepers to the parties to the proceedings. At RB there are only a little more than 20 selected members who are entitled to vote that the investor “Red Bull“close.
In addition, the structures of the clubs Bayer 04 Leverkusen and VfL Wolfsburg, which were officially excluded from the 50+1 rule, must also be brought into line with the specifications. The office and the DFL had already found an agreement on the two clubs.
VfB Stuttgart fans protest for 50+1.
Leverkusen and Wolfsburg: A compromise has never been implemented
Because the origin of the examination by the Federal Cartel Office goes back to 2018. At that time, under the former President Reinhard Rauball and the then managing director Christian Seifert, the DFL had asked the Federal Cartel Office to check whether the rule is compatible with competition law. The Federal Cartel Office presented the result in 2021: The 50+1 rule is compatible with antitrust law, but the exceptions to the rule for Bayer 04 Leverkusen and VfL Wolfsburg are not. However, both sides found a compromise: In the event of too high loss of loss by their parent companies, the clubs from Wolfsburg and Leverkusen should have to pay a kind of luxury tax.
The compromise proposal also stated that a committee post for club representatives was created. There should be no further exceptions in the future. With this solution, the two clubs would have had existence protection and the other clubs at least from the Cartel Office for legal certainty. This compromise was also advocated by the Federal Cartel Office, but never decided – because then the ECJ judgment resulted in new questions.