Lawyer Wieschemann on the licensing procedure of RB Leipzig. By the 08.05.2014:
It seemed to be so wonderful. Athletic RB Leipzig had the qualification to the 2nd Bundesliga with a strong season in Division 3 in his pocket. But the German Football League (DFL) mucked up early and has taken on Thursday.
You have dismissed the complaint against the standards of the Association, RB would have to now change the structures and the coat of arms or the license is gone. Rumored be the Red Bulls in the emblem of the DFL Red Bull logo too similar, the high entry barriers at the Leipzig are much too high. A thorn in the side of course is the investor in itself since the beginning of the engagement.
The League Association tries apparently to prevent the rise of vengeance still. They are very bad cards. The 50 + 1 so often in this context-rule work for corporations, RB is officially a club. So, the first objection is null and void.
The membership structure is questionable indeed with allegedly eight or nine in many eyes. But it is simply legitimate and can be rejected by the DFL. In Germany, a Club of the general public must be accessible. This was also confirmed Sports lawyer Christof Wieschemannalready a few weeks ago to Germany goal. “And the minimum that they serve the general public, is that they are also public-accessible”, the lawyer said at the time. The entry hurdles would be too high “they risk their charitable status may be”.
The Bundesfinanzhof ruled years ago already that “Obligations for the payment of current contributions, recording contributions and levies, the amount of which a representation of the general public in the Member no longer guaranteed” for charitable status are “harmful”. In other words, the hurdles may not exclude the general public.
The question is, when these obstacles are too high? The former League and current sports Attorney Rico Kafi Court argued in the MDR that 800 Euro year contribution, but also the rejection without reason permitted by law. “This is covered by the autonomy of the Club. A Club may restrict material and formal level”access, the Leipzig lawyer said. So also the obstacles that are enforced by the DFL are not legally.
Also the League Association can on the Statute maximum critical look, but do nothing about it. So important for a club charitable status the competent Finanzamt assessed so or so a year. They would lose this, the license is gone. “Then they lose their participation right automatically in competitions of DFB and DFL” Wieschemann explained.
The influence of the Red Bull employees in the Board of Directors is also tricky, but just legally clean. Sports lawyer Heiner Kahlert stressed ‘In the licensing regulations and the Statute of the League Association, no provision prohibiting the present structure of RB Leipzig’, in March at goal Germany.
Even if the license guardians would complain about this, they could demand that hardly, to rebuild the entire boardroom of the clubs within just a few weeks. RB this at least would reached a European competition, called the competitive integrity of the UEFA. Therefore, a person or an investor not at two clubs in European competitions must be involved. With Ralf Rangnick as sports director at Red Bull Salzburg and RB Leipzig is clearly violated this rule, the solution but immensely easy, Wieschemann further stated: “it would pro forma enough to install an other sports director. Then the thing not to complain formally would.”
The question is also in a grey area of the rulebook for the logo. The DFL have called for a revision of. “Change necessary? “No,” said Kafi Court: “inventory protection reasons and also because of the wording of the standard is not relevant.” Also the German Football Association (DFB) or whose land Association in Saxony had no objection there was already in 2009, having one or other little problems but at the end of it. The former Leverkusen Manager and League President Wolfgang Holzhäuser sky shooting across the DFL called “Break in logic”. Both are linked by the basic Treaty finally and it was “badly comprehensible”, why the DFL as if even though but the DFB had none or only few objections in advance.
On the whole, the DFL in the hand has, she leans out the window and any legal dispute would probably lose them. These are facts. The feeling, the Association in some way plays a perfidious game. With a vengeance, he tries to stop project.
Not at all, said DFL Business Manager Christian Seifert in the Wolfsburg Allgemeine Zeitung: “we make a decision to get applause in any fan forums. We make a decision, which we believe that she realised that, what the 36 professional clubs have set.”
The back and forth, the possible refusal of license not happy the one or the other traditional fan, the investor Dietrich Mateschitz. He seethed with resentment in an interview with the Leipziger Volkszeitung newspaper infuriated and spoke of a “guardianship application” and stressed, that’s “right now, where everything also sporty” work, threatens “the end”.
Toying so Red Bull after a possible denial of license with the farewell? This in turn is framed of the investor. On the one hand, they pour money into the city and stressed again and again how important it is for the region, but then they quickly talk about a kick. That not go also and – rightly – fueled criticism of the construct of RB Leipzig. Still has to be decided on the basis of the legal situation. And because the Red Bulls just have an ACE up its sleeve.