Top EU court rules UEFA, FIFA ban on Super League illegal،
Europe's highest court ruled on Thursday that UEFA had “abused its dominant position” in its control of European football, giving a significant boost to the Super League project.
The Super League and its backers, A22 Sports, argued that UEFA's ban on the potential competition – first launched in April 2021 – and its threats of sanctions against participating clubs constituted an illegal monopoly in terms of of European competition law.
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The judgment delivered Thursday by the European Court of Justice [ECJ] ruled that FIFA and UEFA rules requiring new football competitions to be subject to their prior approval and banning players from participating in these competitions were “illegal”.
“There is no framework for FIFA and UEFA rules to ensure that they are transparent, objective, non-discriminatory and proportionate,” the court said.
“Similarly, the rules giving FIFA and UEFA exclusive control over the commercial exploitation of rights linked to these competitions are likely to restrict competition, given their importance for the media, consumers and viewers in the European Union.”
The court ruled that the organization of football competitions is an economic activity and “must therefore comply with the rules of the competition and respect freedom of movement”.
The court clarified that its decision “does not mean that a competition such as the Super League project must necessarily be approved”, saying it was a verdict on FIFA and UEFA rules in general, rather than on a specific project.
Nonetheless, the move represents a significant boost for the Super League project, which seeks to replace the UEFA Champions League.
“We have earned the right to compete,” said Bernd Reichart, CEO of A22 Sports. “UEFA's monopoly is over. Football is free. From now on, clubs will no longer face threats or sanctions. They are free to decide their own future.”
UEFA released a statement on Thursday saying it had already updated its rules following the attempt to launch the Super League.
“This decision does not mean an approval or validation of the so-called 'Super League',” UEFA said. “Rather, this highlights a pre-existing gap in UEFA's pre-authorization framework, a technical aspect which was already recognized and resolved in June 2002.
“UEFA is confident in the robustness of its new rules, and in particular that they comply with all relevant European laws and regulations.”
Twelve initial clubs – Arsenal, Chelsea, Liverpool, Manchester City, Manchester United and Tottenham Hotspur in the Premier League, Atletico Madrid, Barcelona and Real Madrid in La Liga and AC Milan, Inter Milan and Juventus in Serie A – signed up as members of the breakaway Super League for its launch on April 18, 2021, in a move that stunned the football world.
The project, led by Florentino Perez of Real Madrid and Andrea Agnelli of Juventus, was born out of frustration with UEFA's dominant role as organizer of the Champions League and dissatisfaction with the format and model of income from the competition.
Vicious opposition from football governing bodies, fans and politicians – particularly in England – quickly led to nine of these clubs announcing their withdrawal from the project, with only Real Madrid, Barcelona and Juventus remaining as public backers.
“From today, clubs will be masters of their own future,” Perez said on Thursday. “Our right to offer and promote European competitions that modernize our sport and attract fans from around the world has been recognized.
“Real Madrid will continue to work for the good of football. We will continue to defend a modern project, totally compatible with national competitions, open to all, based on sporting merit, with effective financial fair play.
“No one said it would be easy to end a monopoly after so many decades… From today, the present and the future of European football are finally in the hands of the clubs, the players and supporters. Our destiny is ours.”
Barcelona released a statement on Thursday expressing “satisfaction” with the court's decision and saying it “opens the way for a new elite-level football competition in Europe.”
The case came to the European Court of Justice after the Super League filed a complaint in a Spanish court in 2021, seeking protection to preempt possible sanctions from UEFA.
The Madrid judge granted a preliminary injunction, before transmitting the case to the Luxembourg court for judgment.
Since October 2022, A22 Sports – led by Reichart – has sought to relaunch and rebrand the Super League, proposing a more open and meritocratic format.
“For fans: we will broadcast all Super League matches for free,” Reichart said on Thursday. “For clubs: club income and solidarity payments in football are guaranteed.”
Spain's La Liga and its president Javier Tebas have strongly criticized the plan, arguing that the competition would harm and harm the national leagues.
“The decision confirms what we have always said: anyone can organize competitions outside the framework of UEFA and FIFA, this cannot be prohibited, and no one doubted it. The legal question is the status of these competitions within the UEFA and FIFA ecosystem,” Tebas said. “In 2022, UEFA established a procedure for authorizing new competitions, which the Super League or any other competition could make use of.”
