Die objektiv dienende Funktion der Fußball-Lizenzspielerabteilung

The clubs in the Bundesliga and 2nd Bundesliga predominantly operate their professional departments as a spin-off corporation. However, numerous clubs such as 1. FSV Mainz 05 e.V. and FC Schalke 04 e.V. continue to operate their professional departments as non-commercial associations within the meaning of Sec. 21 of the German Civil Code (BGB). This procedure has been criticized as unlawful under association law for decades. This thesis examines whether the operation of the professional department in a non-commercial association is permissible under association law since to the ruling of the Federal Court of Justice concerning day care centers (Kita-Rechtsprechung) and the resulting material shift for the distinction of association classes.