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

Rudi Vollborn
Bayer 04 - 01.03.2026

Rudi recounts…: Vollborn’s March 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
Fanclub-Ehrung mit Fernando Carro in der Halbzeit
Fans - 28.02.2026

Bayer 04 honour six fan clubs for decades of loyalty at Mainz game

From special edition jerseys to fan banners, the home game against Mainz 05 was all about the many Bayer 04 fan clubs. Accordingly, a fitting tribute to the long-standing Werkself supporters was not to be missed during half-time in the Bundesliga match. Fernando Carro, CEO, honoured the up to 50-year anniversaries of six fan clubs in front of the coaches' benches at the BayArena.

Show more
Sondertrikot
Bayer 04 - 28.02.2026

Love that lasts a lifetime. Bayer 04 present special edition jersey marking 50th anniversary of fan clubs Under the Cross

It is an expression of solidarity and a tribute to the unique fan culture Under the Cross: Bayer 04 Leverkusen make a special statement with the "50 Years of Fan Clubs" jersey. To mark the founding of the "First Fan Club 1976 Leverkusen", which was followed by many more over the years right up to the present day, the Bundesliga club is commemorating 50 years of passion with this new jersey. Highs and lows, successes celebrated together as well as defeats suffered are manifested in this piece of white fabric, a symbol of unwavering identification with the Werkself.

Show more
Kurzpässe vor #B04M05
Bundesliga - 28.02.2026

Matchday news #B04M05: Special jersey on fan club matchday

There’s lots going on at the BayArena today. The home game against FSV Mainz 05 is all about the numerous Bayer 04 fan clubs, whose birth - the founding of the "1. Fanclub 1976 Leverkusen" - dates back 50 years. A number of fan club representatives will be involved in awards, a banner display and a half-time matchday chat, and the Werkself are set to play in a special white fan club jersey. During half-time, Leverkusen mayor Stefan Hebbel and javelin world champion Steffi Nerius will also talk about the Olympic bid involving Leverkusen. Black and Red fans are advised to get to the stadium in good time today. Matchday news.

Show more
Bayer04_Arsenal_London_2526.jpg
Champions League - 27.02.2026

Tickets for the Champions League Round of 16 home game against Arsenal

The Werkself host Premier League club Arsenal in the Round of 16 first leg in the 2025/26 UEFA Champions League campaign. The match at the BayArena is on 10/11 March. Read on for information on ticket sales for this fixture.

Show more