Back
15.03.2023Bayer 04

Legal certainty for the 50+1 rule: The DFL executive committee presents proposal to Federal Cartel Office

With the target of further increasing the legal certainty of the 50+1 rule and overcoming tentative concerns of the Federal Cartel Office about the overall rule (50+1 basic rule in regard of the financial support exemption rule), the executive committee of the German Football League (DFL) has agreed a proposal regarding financial support. This proposal has now been presented to the Federal Cartel Office. Here are the details plus a statement from Fernando Carro, chairman of the board at Bayer 04.
dfl_logo_pos_1920px.jpg

This includes no future financial support exemptions to the 50+1 rule. Clubs that have already been granted a financial support exemption in the past based on the applicable rules of the DFB or DFL, will be subject to a conditional provision of the status quo. These conditions are aimed at making the financial support exemptions more consistent with the 50+1 basic rule. The next step will be for the Federal Cartel Office to assess the proposal in consultation with the parties involved.

The review goes back to an initiative of the DFL executive committee on 18 July 2018. The committee applied to the Federal Cartel Office for a decision in accordance with § 32c GWB (German Act Against Restraints of Competition) To test possible cartel concerns relating to the 50+1 rule and its execution and interpretation. The starting point was a survey carried out at the DFL general meeting on 22 March 2018: At the time, the clubs approved on a majority basis the proposal for a "process of improvement of the legal certainty plus other considerations regarding changed framework conditions in accordance with maintaining the 50+1 rule."

The Federal Cartel Office presented their initial assessment on 31 May 2021 in a meeting with representatives of the DFL and then in written form to the DFL and the parties involved in the process up to that point. That included: "While the basic rule would probably be accepted as cartel neutral in its own right based on the previously applied sporting-political aims this outcome is no longer feasible relating to financial support exemptions."

This preliminarily assessment was followed by an intensive, at times controversial, but constructive exchange between representatives of the DFL executive committee and the DFL, the so-called financial support clubs and the Federal Cartel Office. From the perspective of the DFL executive committee, the target was and is to protect the 50+1 basic rule, based on the current rules of the DFL e.V. to develop solutions conforming to cartel law and thereby achieving the target of "improvement of legal certainty."

If the proposal submitted by the DFL executive committee is declared binding by the Federal Cartel Office in accordance with the assessment and consultation process as per § 32b GWB and then the appropriate amendment to the rules of the DFL e.V. is approved by a two thirds majority by the DFL general committee, that would overcome the potential concerns of the Federal Cartel Office and thereby achieve the target of the original application by the DFL executive committee to the Federal Cartel Office.

The key points of the proposal of the DFL executive committee in terms of increased legal certainty of the 50+1 rule:

  • The possibility of financial support exemptions from the 50+1 rule will be removed from the rules of the DFL e.V.
  • Clubs, who were awarded a financial exemption in the past (Bayer 04 Leverkusen, TSG Hoffenheim, VfL Wolfsburg) will in future receive a licence to participate in the Bundesliga or Bundesliga 2 in accordance with maintaining the status quo. This protection maintaining the status quo is only guaranteed under certain circumstances. These include the following changes:
    • The supporting club is obliged to ensure participation and transparency to members of its former parent club. The concrete proposal says that the parent club must have the right to delegate at least one representative to the supervisory committee of the committee of the capital company that has control and consent authority. This representative must have the full rights of a member of the committee or a shareholder – this includes in particular the right to speak, the right to information as well as the right to vote.
    • Given the significance of identity-establishing characteristics of a club decisions can be made in relation to the name, the logo and colours of a club, the headquarters and a significant reduction of the number of standing places in the stadium only with the approval of the supervisory body or the shareholder general meeting. Here the representative of the former parent club has a right of veto – changes cannot be made without their vote.
  • In respect of existing profit and loss transfer agreements, balancing payments will be made providing loss relief has been provided by the controlling financial supporter and loss relief exceeds a threshold of 7.5% of the total proceeds. For a sum exceeding that threshold value conversation is to be paid (in the sum of the prevailing 12 month Euribor interest rate +1 percentage point).
  • With regard to a silent partnership of a controlling financial supporter/majority shareholder a balancing payment will be made, providing during the period under consideration (three years in accordance with UEFA rules) the majority shareholder and/or an associated company balances a loss from the capital company or as a silent partner incurs losses after granting of the exception from the 50+1 rule provisions and that this balance of loss exceeds a threshold of 12.5% of the total proceeds. A sum exceeding the threshold value requires a balancing payment (in the sum of the relevant 12 month Euribor interest rate +1 percentage point).

Carro: "important to achieve viable solution"

 

Fernando Carro, chairman of the board at Bayer 04: "Given the majority view in German professional football it was important after months of intensive discussions to achieve a viable solution for all sides. For that reason alone, we have approved the compromise, which is painful for us in parts."

TSG Hoffenheim and Dietmar Hopp announced on 1 March 2023 that Dietmar Hopp will in future no longer make use of the exemption from the 50+1 rule granted on 1 July 2015 and that he would like to return the majority of his voting interests to the club without compensation so that TSG will be able to return to the circle of '50+1 rule clubs'. As long as this restoration is not completed, TSG Hoffenheim is still subject to the aforementioned obligations.

 

Related News

Martin Terrier Tor
Bayer 04 - 02.01.2026

December Goal of the Month: Vote now for Martin Terrier!

After being nominated for the Bundesliga Goal of the Year 2025, Martin Terrier's wonderful strike for the opener against FC Köln is now also up for selection for the ARD Sportschau Goal of the Month award for December 2025. Bayer 04 fans have until 19:00 CET on 10 January to vote for the French forward.

Show more
Rudi Vollborn
Bayer 04 - 01.01.2026

Rudi recounts…: Vollborn’s January highlights

Rüdiger Vollborn has been at the club for 40 years, he holds the record number of Bundesliga appearances for the club (401) and is the only Bayer 04 player to have won both the UEFA Cup (1988) and the DFB Pokal (1993). And the Berliner stayed with the Werkself after ending his impressive playing career as he worked as a goalkeeping coach for the following nine years. Vollborn now works under the Bayer Cross as a fan liaison officer and club archivist. Since February 2021, the personalised Black and Red lexicon takes Werkself fans under the heading of 'Rudi recounts...' on a brief trip through the history of Bayer 04 every month…

Show more
Mannschaft vor der Kurve
Bayer 04 - 31.12.2025

The Werkself in 2025: Emotional farewells and dawn of new successful era

"In every ending lies a new beginning" is a well-known saying. This phrase has probably never been more apt at Bayer 04. After winning the Bundesliga in 2023/24 and finishing as runners-up in 2024/25, the summer was the most eventful ever in terms of transfers. Over ten players and the coach, including the coaching staff, left the club. A lot of the heroes of the double-winning side began a new chapter. It was the end of an era. And at the same time the beginning of a new, very exciting and promising chapter for Leverkusen. The Werkself welcomed more than a dozen new arrivals, including experienced title-winners and young talents, to build a new "foundation for a successful team capable of winning titles" under the Bayer Cross, as managing director sport Simon Rolfes put it. A new spirit, a new hunger, a new story was to be created. Bayer04.de looks back at the first few months of this story and the final act of the preseason.

Show more
Achim Feifel
Women - 30.12.2025

‘Expectation and demands’: Feifel reviews record year for Women's team

43 points at the end of the last Bundesliga season were not only more than ever before for the Bayer 04 Women, but also led to a record fourth-place finish. That was followed by a Hinrunde with many more victories, but also some setbacks. In an interview with bayer04.de, sporting director Achim Feifel takes stock at the end of the year.

Show more
Martin Terrier gegen 1. FC Köln
Bayer 04 - 30.12.2025

Bundesliga Goal of the Year: Vote now for Terrier or Wirtz

With their wonderful goals, Martin Terrier and Florian Wirtz are up for the Bundesliga Goal of the Year 2025. Voting for fans will run exclusively via the official Bundesliga app until Sunday, 4 January.

Show more