The European Court of Justice has ruled that FIFA and UEFA broke EU competition law in blocking the European Super League.
By Olisa Obi
In a report released by the corporate body, it said “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.”
It went on to say that FIFA and UEFA contravened EU law in blocking the formation of the European Super League in 2021, adding that the governing bodies are “abusing a dominant position“.
This ruling was brought to the court after the backers of the ESL opened a case against UEFA and FIFA.
It added 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, in their response to the ruling passed have expressed joy as 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.”
Also in response to the ruling, UEFA has confirmed that it would hold a press conference, but the football body also released a statement where it said, “UEFA takes note of the judgment delivered today by the ECJ in the European Super League case
“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.
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“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, President of La Liga Javier Tebas has 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”.
He went on to urge the European Commission to enforce “legislative measures to protect the stability and future of European football”.
