Blocking of European Super League by FIFA and UEFA was unlawful, rules European Court of Justice

The European Court of Justice has ruled that FIFA and UEFA contravened EU law in blocking the formation of the European Super League in 2021, saying the governing bodies are "abusing a dominant position."

A case was brought against FIFA and UEFA by A22, the backers of the ESL, who claimed the governing bodies had broken competition law to block the prospective league.

The court has now delivered its verdict in favour of the claimant and against FIFA and UEFA.

“The FIFA and UEFA rules making any new interclub football project subject to their approval, such as the Super League, and prohibiting players from playing in those competitions, are unlawful,” the report read.

It adds that “where an undertaking in a dominant position has the power to determine the conditions in which potentially competing undertakings may access the market, that power must, given the risk of conflict of interest to which it gives rise, be subject to criteria which are suitable for ensuring that they are transparent, objective, non discriminatory and proportionate.

“However, the powers of FIFA and UEFA are not subject to any criteria. FIFA and UEFA are, therefore, abusing a dominant position.

“Moreover, given their arbitrary nature, their rules on approval, control and sanctions must be held to be unjustified restrictions on the freedom to provide services.

“That does not mean that a competition such as the Super League project must necessarily be approved. The Court does not rule on that specific project in its judgment.”

A22, the backers of the ESL, have responded to the ruling passed. CEO Bernd Reichard said: “We have won the #RightToCompete. The UEFA-monopoly is over. Football is FREE.

“Clubs are now free from the threat of sanction AND free to determine their own futures.

“For fans: We propose free viewing of all Super League matches.

“For clubs: Revenues and solidarity spending will be guaranteed.”

News of the proposed 12-team breakaway league sent shockwaves through the game when it broke in April 2021.

Six Premier League clubs – Arsenal, Chelsea, Liverpool, Manchester City, Manchester United and Tottenham – signed up and were joined by La Liga’s Atletico Madrid, Barcelona and Real Madrid, as well as Serie A giants AC Milan, Inter Milan and Juventus.

However, the plans received widespread backlash and were quickly scrapped.

Today's decision is in contrast to the one last December in which the ECJ found that rules allowing UEFA prior approval for new competitions were in accordance with EU competition law.

UEFA will hold a press conference later today and has released a statement on the matter.

"UEFA takes note of the judgment delivered today by the ECJ in the European Super League case," it reads.

"This ruling does not signify an endorsement or validation of the so-called ‘super league’; it rather underscores a historical shortfall within UEFA's pre-authorisation framework, a technical aspect that has already been acknowledged and addressed in June 2022. UEFA is confident in the robustness of its new rules, and specifically that they comply with all relevant European laws and regulations.

"UEFA remains resolute in its commitment to uphold the European football pyramid, ensuring that it continues to serve the broader interests of society. We will continue to shape the European sports model collectively with national associations, leagues, clubs, fans, players, coaches, EU institutions, governments and partners alike.

"We trust that the solidarity-based European football pyramid that the fans and all stakeholders have declared as their irreplaceable model will be safeguarded against the threat of breakaways by European and national laws."

In the same breath, La Liga responded to the verdict, urging the European Commission to enforce "legislative measures to protect the stability and future of European football."

Javier Tebas, President of La Liga, said: "The ruling confirms what we have always said: anyone can organise competitions outside the UEFA and FIFA ecosystem, this cannot be prohibited, and no one has questioned this. The judicial question is the condition for these competitions to be under the UEFA and FIFA ecosystem, i.e. that there must be transparent, clear, and objective rules for the approval of new competitions.

"In 2022, UEFA already established a procedure to authorise new competitions that can be used by the European Super League or any other competition.

"Regardless of this ruling, the entire football ecosystem, including players, coaches, leagues, federations, and clubs, have already spoken loud and clear to assert that they do not want a model that perpetuates the participation of a privileged few, restricting the pinnacle of European football to an elite rather than an open sport for all.

"The creation of a league designed to enrich the wealthiest clubs and concentrate power in the hands of a small number of privileged teams would also result in the loss of tens of thousands of jobs and drastically reduce tax revenues for public coffers across the continent."

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