Leverkusen’s managing director Fernando Carro is building an investor before the votedeal a threatening backdrop for second division teams – the split. But legally that would be very difficult.
On Monday (December 11, 2023), the 36 clubs will vote on the entry of an investor at a general meeting of the German Football League (DFL). In order to give the two managing directors the mandate to negotiate and conclude a deal, a two-thirds majority is required, i.e. 24 yes votes.
A high-ranking representative of a Bundesliga club estimates the chances of a majority being achieved “50:50” one, an official from a second division team is in confidential conversation with the sports show “Pretty sure it will fail again”another goes “I firmly believe that it will work this time“.
It burst in May 2023 deal with 20 votes in favour, eleven against and five abstentions.
Carro asks: Can we “continue together” after rejection?
Then as now, Bayer Leverkusen supports the entry of an investor, the DFL “strategic marketing partner” calls. In an interview with the Frankfurter Allgemeine Zeitung (issue December 8, 2023), Leverkusen’s managing director Fernando Carro says that a completed deal “naturally” will strengthen the position of the Bundesliga compared to other European leagues: “This would be a sign of strength and progress for our international positioning.”
But Carro’s interview also raises doubts as to whether the necessary majority will be found. “I’m really excited because it’s hard to say what will happen there”said Carro, referring to the vote on Monday in Frankfurt am Main.
He believes that there will be a two-thirds majority among the Bundesliga clubs, despite the announced no votes from SC Freiburg and 1. FC Köln. If it fails because of the second division teams, Carro threatens them: “Can things continue together in this form?”
Experts consider spinoff to be legally difficult
As in May, the threat of a spin-off is once again being created, although on closer inspection this is likely to be legally difficult. “The statutes of the DFL and DFB do not provide for the possibility of a spin-off”said Holger Jakob, specialist lawyer for sports law, to the Sportschau. “Of course, the statutes can also be changed or shareholders can cancel their membership, but the license is always linked to this, i.e. the permission to play in the Bundesliga and 2nd league.”
In practice, it is unlikely to be possible to find a majority for such a spin-off, as many Bundesliga clubs must realistically assume that they will be relegated, at least in the medium term. From an economic point of view, the second division teams would have to fear that they would earn significantly less money independently or under the umbrella of the German Football Association (DFB). Currently, 80 percent of the DFL’s money is distributed to the Bundesliga clubs.
Another threat: change of power relations
Another threat from Carro is contained in another sentence in the interview with the FAZ. “If in the end 13 to 15 first division clubs are in favor and the strategic partnership fails because of the second division, we have to accept that, but then we have to think seriously about the future Governance the DFL do”says Leverkusen’s managing director.
Governance In business terms, it describes corporate management, including the composition of committees. The most important body of the DFL, which also decides on the distribution of income, is the presidium. In addition to the two managing directors Marc Lenz and Steffen Merkel, there are currently four representatives from Bundesliga clubs and three from second division clubs. By virtue of the statutes, the 2nd league is represented in such a way that no important decisions can be made against them, especially no changes to the statutes.
Nevertheless, there are means by which the second division teams can be deterred. The end of central marketing was already threatened in May. DFL supervisory board chairman Hans-Joachim Watzke said, especially in his role as managing director of Borussia Dortmund, after the lost vote “No one has to show solidarity to me anymore”.