The European Court of Justice (ECJ) has dealt a heavy blow to the clubs behind the European Super League after it was decided that FIFA and UEFA’s rules were compatible with EU law.
The European Super League Company – namely Real Madrid, Barcelona and Juventus – began legal action in the wake of the collapsed plans to launch a new elite competition in April 2021.
They argued that FIFA and UEFA operated an unfair monopoly under competition law by banning participation in alternative competitions but the verdict of Athanasios Rantos, the Advocate General, has backed the two governing bodies.
“The FIFA-UEFA rules under which any new competition is subject to prior approval are compatible with EU competition law,” Rantos said at an ECJ hearing this morning.
“Whilst ESLC is free to set up its own independent football competition outside the UEFA and FIFA ecosystem, it cannot however, in parallel with the creation of such a competition, continue to participate in the football competitions organised by FIFA and UEFA without the prior authorisation of those federations.”
Rantos’ verdict is non-binding ahead of a final ruling coming through the ECJ’s Grand Chamber in the Spring but it can be considered a critical setback for those clinging to the hope of resurrecting plans for a European Super League.
FIFA said in a statement: “FIFA welcomes the opinion issued today by Advocate General Rantos of the European Court of Justice in which he confirms the standing and legitimacy of FIFA and UEFA to approve any new football competitions. By the same token, the Advocate General considers that sanctions may be imposed in respect of competitions which do not satisfy the approved authorisation criteria.
“FIFA also welcomes the Advocate General’s recognition of FIFA’s exclusive rights to market international competitions organised by FIFA.
“Finally, FIFA welcomes the recognition by the Advocate General of the special nature of sport, including the pyramid structure, which preserves the nature of sporting merit and open competitions accessible to all, as well as the principles of promotion and relegation, competitive balance, and financial solidarity.”
“UEFA warmly welcomes today’s unequivocal opinion recommending a ruling of the CJEU in support of our central mission to govern European football, protect the pyramid and develop the game across Europe,” UEFA added in a statement of their own.
“UEFA welcomes today’s unequivocal opinion of Advocate General Rantos, which is an encouraging step towards preserving the existing dynamic and democratic governance structure of the European football pyramid.
“The opinion reinforces the central role of federations in protecting the sport, upholding fundamental principles of sporting merit and open access across our members, as well as uniting football with shared responsibility and solidarity.
“Football in Europe remains united and steadfastly opposed to the ESL, or any such breakaway proposals, which would threaten the entire European sports ecosystem.”
The European Club Association (ECA), the body that represents over 200 clubs across the continent, also declared this as a telling victory. “The opinion issued today by the ECJ’s Advocate General Rantos proposes a clear rejection of the efforts of a few to undermine the foundations and historical heritage of European football for the many,” it said in its own statement.
“ECA now awaits the final ruling by the court and in the meantime will continue to pursue the best interests of all of our members – the clubs who make European club football the best in the world.”
The Premier League also welcomed the news, saying: “We share the Advocate General’s clear view that open access is fundamental to European club football.”
A22 Sports, the company that continues to push for the formation of a Super League, is unlikely to accept defeat but its position has been considerably weakened.
The six English clubs that initially joined the new competition at its formation – Manchester City, Manchester United, Liverpool, Tottenham Hotspur, Arsenal and Chelsea – have all distanced themselves from the project and defeat in the ECJ further limits scope for the competition to be resurrected.
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The battle continues: The European Super League has been fighting its case in court
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