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Wednesday, November 30, 2022

50+1 in danger? DFL observes process between Martin Kind and Hannover 96

The trial between the second division club Hannover 96 and the long-time managing director Martin Kind begins on Tuesday (11.30 a.m.) in front of the district court in Hanover. The 78-year-old entrepreneur is resisting his dismissal “for important reasons”, which the traditional Lower Saxony club announced at the end of July.

In mid-August, however, Kind forced an injunction to be allowed to continue in office until the main proceedings that were now beginning were completed. The club had lodged an objection to this with the Celle Higher Regional Court, but the appeal has not yet been decided.

The German Football League (DFL) is also taking a very close look at the process with a view to the 50+1 rule. On Monday the quoted picture-Newspaper and the New Press Hanover from a letter addressed to Kind by DFL legal advisor J├╝rgen Paepke.

Paepke therefore points out that the club’s “unrestricted right to issue instructions” to the management (child) “is an essential prerequisite for the legal and contractual structure of DFL GmbH to be considered compatible with the 50+1 rule. “

Should Kind win the case and keep his post, the association would no longer have the right to issue instructions. Then “the compatibility of the Hanover 96 contract with the 50+1 rule is clearly in question, especially if the shareholders’ meeting cannot effectively enforce the right to issue instructions to a managing director who is bound by instructions,” said the letter from the DFL legal advisor.

A court decision in the main proceedings, in which the parties involved are not required to appear in person, is not expected on Tuesday. There will probably be another date for the announcement of the verdict.


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