Review article
https://doi.org/10.31141/zrpfs.2020.57.136.337
The ‘’50 + 1’’ rule of German football - yesterday, today and tomorrow
Ratko Brnabić
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Abstract
The 50+1 rule of German football, first introduced in 1998, was designed to guarantee the continuation of the fan-based ownership of previous eras, requiring that a minimum of 51 percent of the club must be owned by its members, while still allowing for investment opportunities, nevertheless guaranteeing that the supporters still have a direct say in the matters of management – also, crucially, making sure that a single entity can’t control the whole club.
The argument for abolishing this rule is the fact that it is in force in Germany only, so German football clubs cannot compete with other European clubs which have at their disposal significantly higher financial resources. This change could be important because it opens the possibility for German football of attracting more investors. European and international club football has already been commercialized to such an extent that the achievement of top sports results largely depends on investors’ willingness to invest more, so the 50 + 1 rule is an obstacle to the club’s sporting success.
On the other hand, if investors are allowed to acquire majority voting rights then the economic goals will take precedence over sporting goals such as the promotion and development of young players. The loss of majority voting rights could have a negative impact on football culture and tradition, since in Germany fans actively participate in the life of clubs and through their membership in sports associations they exercise democratic control over all important club issues. Furthermore, it is worth noting that the participation of fans in decision-making is not an obstacle to clubs such as Real Madrid, Barcelona and Bayern Munich to continuously achieve top sports results, so the abolishment of the 50+1 rule is no guarantee for better club results. The example of the English Premier League has shown that due to sharp increase of ticket prices for football matches, football ceases to be fun for local football fans, but becomes part of the touristic offer.
The 50 + 1 rule survives primarily because of the special attitude of German football fans towards their clubs. Associations have been the carrier of club sport in Germany for 120 years, and fans are important part of that story.
Keywords
Association; Business Establishment; Competition; 50+1 Rule; Capital Companies in Sports
Hrčak ID:
237865
URI
Publication date:
8.5.2020.
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