Hanover 96 - Lambertz: Dispute in Hanover does not threaten investor deal
Sports law expert Paul Lambertz does not believe the planned investor deal in German professional soccer is at risk despite the internal dispute at Hannover 96. "I don't see the investor deal failing," the lawyer told the German Press Agency on Wednesday.
Following the narrow decision by the 36 professional clubs to open up the league to investors and the impending billion-euro deals, the 96 parent club announced that it would question Martin Kind 's voting behavior. Kind leads the capital side of the club as majority shareholder. The club, which is at odds with Kind's side, had instructed the 79-year-old to vote against the deal. However, according to the names of the clubs that are said to have voted no, there are major doubts as to whether Kind did so.
"Even if we had a breach of duty by Kind, I don't see any claim for damages," said Lambertz, adding: "Negotiations will now be held with the investors and presumably more money will come to the clubs. There is no damage as a result." The parent club has no right of action under association law, but other clubs could challenge the decision.
Several fans had spoken out against the deal before the vote. "The fact that some fans see the value of soccer as being jeopardized by the entry of an investor is not a legal right whose violation would justify a claim for damages," said Lambertz.
The parent club had written to Kind asking him to take a stand. According to a report in the "Neue Presse", Kind intends to make a statement on Wednesday. He told Sport1: "I will not comment on the statements of the parent club. I will not take part in speculation." After the vote, the 96 boss referred to the secret ballot.
Kind and the parent club can look back on a long dispute. In the complicated structure of Hannover 96, Kind is on the capital side, while his opponents have been at the helm of 96 e.V. since 2019. The dispute is primarily about how to deal with the 50+1 rule in Hannover. This is intended to ensure that the parent clubs retain the right to issue instructions even if they have spun off their professional soccer operations into a corporation.
"I don't see 50+1 being touched in Hannover. In my opinion, just because the managing director does not comply with a single instruction does not mean that the entire right to issue instructions is ineffective," said Lambertz.
DFL DFL press release Reporting in the "Bild"
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Source: www.stern.de
