The DFL clubs have approved the investment with the necessary majority. But a change to the statutes is still required, which also requires a vote with a two-thirds majority.
When the 36 clubs in the Bundesliga and the 2nd Bundesliga voted on December 11, 2023 for an investor to become involved in the marketing of the German Football League (DFL), a two-thirds majority was necessary. The smallest possible majority of 24 of the 36 clubs voted in favor of the proposal.
This basically clears the way for an investor – but the two-page application from the Presidium and Supervisory Board of the DFL, which was submitted to the Sportschau, contained an important addition: an amendment to the statutes and a vote on it are still required.
Have the clubs committed to agreeing to a change to the statutes?
The application accepted by the clubs stated: “The members of the DFL eV undertake to agree to the changes to the statutes and the league statutes of the DFL eV necessary with regard to the implementation of the marketing partnership at a separate general meeting.”
A two-thirds majority is required to change the statutes. According to the application, the clubs now have an obligation to vote “yes”. Is such an obligation really enforceable?
DFL logo in front of the headquarters in downtown Frankfurt am Main.
DFL: “Confidence that all clubs will observe this decision”
“The DFL trusts that all clubs will observe this decision,” the DFL said in response to Sportschau’s request. With the proposal “effectively accepted” by the general meeting, including this explicit (self-)commitment, the executive committee, the consenting clubs and ultimately all clubs can trust that the changes to the statutes of the DFL eV necessary for the implementation of the transaction will be decided.
In its response, the DFL also pointed out that the statutes oblige the clubs to implement contracts concluded in accordance with the statutes. This also includes approval of any necessary adjustments to the statutes. “The DFL naturally assumes that the statutes will be adhered to,” said the league association.
Association law expert: Obligation has no legal effect
Prof. Lars Leuschner, association law expert at the University of Osnabrück, sees the wording of the application as more of a “gentlemen’s agreement” to help implement the investor entry.
“In particular, the decision certainly does not result in an enforceable obligation for the clubs to agree to a change to the statutes in the future,” said the lawyer in an interview with Sportschau. The obligation to implement contracts also means “no obligation to change the statutes”.
DFL: Secret voting is possible, the date has not yet been set
The DFL confirmed that a secret vote on this issue would also be possible at the general meeting if one of the clubs requested this and a simple majority then voted in favor of the secret vote.
The issue of investors has divided the DFL clubs for months. Are the “no” sayers among the clubs now making a new attack on the project by trying to prevent the necessary structural prerequisites? Or do they feel bound to the vote in December, in which 24 of the 36 clubs voted “yes”?
The DFL said there is not yet a date for a new general meeting to vote on the change to the statutes. The negotiations with the potential donor have not yet progressed far enough for this.
Investors should receive eight percent of the income for 20 years
The decision of December 11th basically meant that the two DFL managing directors Marc Lenz and Steffen Merkel should negotiate with potential investors and then propose a deal with an investor to the DFL executive board. The framework conditions stipulate that an investor should share in the DFL’s income for 20 years. In return, the investor is making a payment of around one billion euros, with which the DFL wants to make its business model more digital and international.
A camera at a Bundesliga game
Practically all 36 clubs in the Bundesliga and 2nd Bundesliga recognize that these measures make sense for their own competitiveness. Before the vote in December, however, there was disagreement about how these measures should be financed. The investor model was then accepted by the general meeting. On Wednesday (January 17, 2024), the DFL Presidium unanimously decided to continue negotiating with only two possible donors, the two companies CVC and Blackstone.
The DFL leadership repeatedly emphasizes that the donor will never be able to influence issues such as the scheduling of games, the scheduling of games abroad or the league format. The deal is also criticized by the opposing clubs and by large parts of the organized fan scene because, in their opinion, the investor could at least have an informal influence on these issues.
Chocolate coins – protest among Borussia Mönchengladbach fans