Bayer Leverkusen: Why Bundesliga champions elect are exceptions to 50+1 rule

The 50+1 rule is designed to ensure that supporters retain control of their clubs.

Apr 13, 2024 - 08:54
Bayer Leverkusen: Why Bundesliga champions elect are exceptions to 50+1 rule

LEVERKUSEN, GERMANY - MARCH 14: Fans of Bayer Leverkusen hold up scarves in support prior to the UEFA Europa League 2023/24 round of 16 second leg match between Bayer 04 Leverkusen and Qarabag FK at BayArena on March 14, 2024 in Leverkusen, Germany. (Photo by Alex Grimm/Getty Images)

The Bundesliga is rightfully proud of its 50+1 rule yet one of its most compelling seasons in years could this weekend be won by a club that does not adhere to the fan-centric doctrine: Bayer Leverkusen.

If nearest rivals Bayern Munich and Stuttgart lose on Saturday afternoon then Leverkusen’s first top-flight title will be confirmed. In the event that Bayern and Stuttgart draw or win, the runaway leaders need only match their result when they play Werder Bremen on Sunday to be crowned champions.

Leverkusen are looking to shake off their nearly-men tag, earned with a record four runner-up finishes without success – one of which, in 2002, was compounded by defeat in the German domestic cup and Champions League finals, earning them the nickname “Neverkusen”. 

But even if they fail to get over the line this weekend, it is surely only a question of when not if the Bavarians get their hands on the 2023-34 Bundesliga title. They could even exorcise the ghosts of 2022 completely by completing a treble.

What is the Bundesliga’s 50+1 rule?

The 50+1 rule is designed to ensure that supporters retain control of their clubs and is one of the key planks of a fan-centric philosophy that pervades in German football and has become one of the Bundesliga’s main selling points.

In a nutshell, it means that more than half of shares in a club must be controlled by its members, ensuring that they, not private investors, have the ultimate say on how the club is run. It has been credited with keeping ticket prices affordable.

The rule was introduced in 1998, at the same time as private investment in German clubs was permitted for the first time. It applies to all clubs in the top two divisions – except for two exceptions, of which Leverkusen are one.

It has been challenged, most vocally by Hannover president Martin Kind, but the hearing aid tycoon’s entreaties fell on deaf ears. Clubs overwhelmingly voted against a change in 2009 and German football chiefs rejected Kind’s request for an exemption six years ago. 

Why are Bayer Leverkusen exempt from 50+1?

Leverkusen are wholly owned by the German pharmaceuticals giant Bayer, out of which the club sprung in 1904. Employees of Bayer started the club 120 years ago and it has remained in the hands of the company ever since.

They are exempt from the 50+1 rule because their investors had already held their stock for 20 years or more. The same applies to Wolfsburg, who were formed by employees of car maker Volkswagen, which also still wholly owns the club.

Hoffenheim were previously a third exception but are now majority fan-owned after their wealthy benefactor, SAP software magnate Dietmar Hopp, transferred the bulk of voting rights back to members in November last year. 

RB Leipzig, meanwhile, have been accused of bending the rules by only having 11 members, all of whom are employees of Red Bull, the energy drink maker which has made the club the flagship team of a global web of teams. 

Leverkusen are owned by pharma giant Bayer, whose long-standing links make them exempt to the Bundesliga's 50+1 rule
Leverkusen are owned by pharma giant Bayer, whose long-standing links make them exempt to the Bundesliga’s 50+1 rule

Leverkusen still on course for record – and a treble

If it wasn’t enough to win the first Bundesliga championship in their history, Leverkusen have put themselves in with a chance of doing it in record-breaking fashion – and completing an incredible treble.

Under Xabi Alonso, one of a clutch of emerging coaches from the Basque Country, they have also reached the final of the domestic cup and are in the last eight of the Europa League. At the time of writing, they had yet to lose a single game.

While other men’s top-flight teams have navigated full league seasons unbeaten – notably Arsenal’s Invincibles 20 years ago – none is known to have extended that record to all competitions.