Die objektiv dienende Funktion der Fussball-Lizenzspielerabteilung

The clubs of the Bundesliga and 2. Bundesliga predominantly maintain their professional departments in a separate capital company. Numerous clubs, such as 1. FSV Mainz 05 and FC Schalke 04, still operate their professional departments within a non-profit association in the sense of § 21 BGB. This approach has been predominantly criticized as illegal from an association law perspective for decades. The work examines whether maintaining the professional department within a non-profit association has been legally permissible since the Kita decisions of the BGH and the accompanying paradigm shift for the classification of associations.