Borussia Dortmund reaffirm the club’s clear commitment to the 50+1 rule.
In the run-up to the extraordinary general meeting of the German Football League (DFL) in Frankfurt am Main on Wednesday, Borussia Dortmund reaffirm the club’s clear commitment to the 50+1 rule.
“In light of the current discussion surrounding the Federal Cartel Office’s preliminary legal assessment and, in view of BVB’s history, we are strong advocates of the 50+1 rule,” says Borussia Dortmund chief executive officer, Hans-Joachim Watzke.
Dr Reinhard Rauball, President of Ballspielverein Borussia 09 e.V., affirms: “We once specifically drafted and implemented an amendment to the Articles of Association stating that the e.V. holds all shares in Borussia Dortmund Geschäftsführungs-GmbH, is consequently its sole shareholder, and that the Executive Board must ensure that nothing will change in these circumstances in the future. During my time in office, we at BVB have never discussed the abolition of 50+1 for even one second and have no plans to change that.”
At the end of May, the Federal Cartel Office informed the DFL of its preliminary antitrust assessment of the 50+1 rule. In the opinion of the Office, the basic rule can be unobjectionable under antitrust law due to the sporting policy objectives it promotes. However, the Office deems it problematic that, under its current form, uniform application and enforcement of the rule is not ensured.
The 50+1 rule was introduced in 1999 in order to, on the one hand, open up new financing possibilities for the clubs in the Bundesliga and the Bundesliga 2 and, on the other hand, to limit the influence of investors and to preserve the club-based character of football. The rule laid down in the statutes of the DFL states that, in the event of a spin-off of the professional football department into a corporation, the parent club must in principle hold the majority of voting rights in this company (basic rule). The DFL Executive Board can currently grant an exception to this basic rule if, among other things, an investor has continuously and significantly promoted the sport of football at the parent club for more than 20 years (promotion exception).
