Summer's here, time for the silly season and 50+1 debates.
The non-german users here should, while reading this, keep in mind that german administrative law has so many delicate distinctions that it borders on autism.
Now, the Federal Cartel Office examined the rule for three (!) years and made an assessment at the end of May.
In general, 50+1 is in compliance with the law and also, it isn't.
The public reception goes like this [from Augsburger Allgemeine, as a stand in for the media landscape]:
In the opinion of the Cartel Office, the exception rules for three clubs are problematic: the 50 + 1 clause does not apply to Bayer Leverkusen, VfL Wolfsburg and TSG Hoffenheim. Here Bayer AG, Volkswagen AG and Dietmar Hopp have the sole majority of the voting shares and determine the direction of the association. This is made possible by an exception rule that an investor or a company receives "if he has continuously and significantly promoted the football sport of the parent club for more than 20 years".
50 + 1 is "undoubtedly a restriction of competition", but still compatible with applicable law. Prerequisite: This rule applies to everyone - without exception. In concrete terms: As long as there is a special rule for the trio, the rule is shaky. The DFL has asked the Cartel Office to extend the deadline and now wants to work out a solution with the clubs. The trio expressed their concerns that the Cartel Office could catapult them out of the game and made it clear: "Such consequences are understandably unacceptable for us."
Rettig (DFL) is surprised by the letter from the three clubs: “I don't think it's a successful letter and this threatening gesture certainly doesn't help to calm things down. I do not see any threat to the existence of the three clubs.”
So far, so good.
However, that's not what the Cartel Office actually stated. It stated in fact, that the rule is a restriction of competition, that can be justified on the basis of the principle of equality - which means that what is equal must be treated equally, and that which is not equal shall not be treated equally. It also stated, that there can be exceptions from the rule based on that principle - but not the exceptions that actually exist.
So, basically, both proponents and opponents of the 50+1 rule can and will see their respective views confirmed by the verdict three years in the making. The proponents will claim that the FDC confirmed that 50+1 is in compliance with law, the opponents will claim that it is only partially in compliance and therefore it should be abolished completely to avoid certain internal contradictions.
3 years down the road and nothing is solved.