You Cant Ban Super League, Court Tells UEFA, FIFA
In a significant boost to the Super League project, Europes top court ruled on Thursday that UEFA has been “abusing a dominant position” in its control of European football.
The Super League and its backers, A22 Sports, argued that UEFAs prohibition of the would-be competition — a concept launched in April 2021 — and its threatened punishments for participating clubs was an illegal monopoly under European competition law.
Thursdays ruling by the European Court of Justice [ECJ] found that FIFAs and UEFAs rules requiring new football competitions to be subject to their prior approval, and banning players from taking part in those competitions, were “unlawful.”
“There is no framework for the FIFA and UEFA rules ensuring 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 the rights related to those competitions are such as to restrict competition, given their importance for the media, consumers and television viewers in the European Union.”
The court found that organising football competitions is an economic activity and “therefore must comply with the competition rules and respect the freedom of movement.”
The court made clear that its ruling “does not mean that a competition such as the Super League project must necessarily be approved,” saying that it was a verdict on FIFA and UEFAs rules in general, rather than any specific project.
Nevertheless, the decision is a significant boost for the Super League project, which seeks to replace UEFAs Champions League.
“Weve won the right to compete,” Bernd Reichart, A22 Sports CEO said. “UEFAs monopoly is over. Football is free. Now the clubs wont suffer threats and punishments. Theyre free to decide their own future.”
UEFA released a statement on Thursday arguing it had already updated its rules following the Super Leagues attempted launch.
“This ruling does not signify an endorsement or validation of the so-called Super League,” UEFA said.
“It rather underscores a pre-existing shortfall within UEFAs 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.”
An initial 12 clubs — the Premier Leagues Arsenal, Chelsea, Liverpool, Manchester City, Manchester United and Tottenham Hotspur, LaLigas Atletico Madrid, Barcelona and Real Madrid and Serie As AC Milan, Inter Milan and Juventus — 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 Real Madrids Florentino Perez and Juventus Andrea Agnelli, was born of frustration at UEFAs dominant role as Champions League organisers and unhappiness at the competitions format and revenue model.
Vocal opposition from footballs governing bodies, fans and politicians — in particular, in England — quickly led nine of those clubs to announce their withdrawal from the project, with just Real Madrid, Barcelona and Juventus remaining as public backers.
“From today, clubs will be masters of their own futures,” Perez said on Thursday. “Our right to propose and push for European competitions which modernise our sport and attract fans around the world has been recognised.