The critique by lawyer Wieschemann in the licensing decision in favour of the BVB has triggered a broad media coverage; in particular because Wieschemann argued, that thereby the BVB or the DFL over the competitors has made himself liable for damages. Also mirror online reported in the issue of the 21.2.2005:
That Borussia Dortmund despite the debt policies of the past years received the Bundesliga license for this season, not only last year relegated Eintracht Frankfurt is questionable. According to a legal opinion, serious failures to blame are not only at Borussia Dortmund, but also the German Fußball-Bundesliga.
“The figures even made by the BVB can recognize a loss and a liquidity gap at a large scale, where it is hard to imagine that their admission at the time of the licensing process was not recognizable in the previous year when careful examination. Critical observers cannot exclude a violation of the obligations of the BVB or the auditing requirements of DFL as the Foundation of license decision thus”, is the conclusion of an investigation of the case by the Bochum lawyer Christof Wieschemann. According to the lawyer, this conclusion would allow a claim for damages of the Dortmund League rivals. “Both circumstances would lead to a liability of the BVB or the DFL over the affected candidates, including the Eintracht Frankfurt,” and told Wieschemann.
Second Division side Frankfurt announced legal action if it should turn out that the Dortmund have filed false documents. The Frankfurt would have benefited as antepenultimate of the season 2003/04 by a possible withdrawal of the license of the BVB and might have been top notch.
The DFL wants to initially not extensively comment on the allegations. “In principle there is the statement publicly to hold back. It’s that the Club as a joint-stock company to do so was obliged to announce the numbers but in a way that no disadvantage may arise Dortmund,”explained DFL Vice-President Wolfgang Holzhäuser. League Chief Werner Hackmann had recently stressed that have the BVB deceived the League, nor the DFL made mistakes when licensing.
Announced criminal charges against Niebaum and Meier The IPO of Dortmund in October 2000 is critically illuminated by lawyers. According to the lawyers of Andreas Kühne and Klaus Rotter, the contract between at Borussia Dortmund and Cologne insurance group Gerling might be a case for the prosecution, “Handelsblatt” reported.Borussia Dortmund had sold their Sportartikelmake gool.de before the IPO for 20 million euros to Gerling. According to the newspaper, the Club in the prospectus but has concealed, that an opt-out from 30 June 2005 will be granted both sides. Only an opt-out for the BVB was mentioned in the prospectus. Kühne considers this option but a significant point, to evaluate the new stock at that time: “Finally such an option can have significant effects on the economic situation of the Club.”
The Munich-based lawyers Rotter announced a comprehensive criminal complaint against the former CEO, Gerd Niebaum, the incumbent Managing Director Michael Meier and other officials of the company. “This crime will take place this week”, confirmed firm spokesman Stephan Holzinger today of the dpa. According to the law firm conducting business the Borussia Dortmund GmbH & Co. has been might of investment fraud guilty KGaA.
Or as PDF.