BREAKING NEWS European court deals HUGE blow to FIFA and UEFA by ruling against punishment for European Super League rebels in landmark verdict, sparking fears breakaway league could be resurrected
- Decision marks the latest stage in an ongoing legal fight launched by the rebels
- In November, Florentino Perez dubbed the project ‘more necessary than ever’
- IAN LADYMAN: I’d rather watch a match at my local school than watch Man City in the Club World Cup – It’s All Kicking Off
UEFA and FIFA were found to have acted against competition law in their blocking of the creation of a European Super League in 2021, the European Court of Justice has ruled.
The binding ruling handed out on Thursday marked the latest stage in a legal process initiated by the European Super League Company after clubs who participated in the breakaway plans were threatened with sanctions by the governing bodies.
The announcement of a new super league set to feature the Premier League ‘Big Six’ as well as European giants including Juventus, Real Madrid, and Barcelona came in April 2021, but it was immediately hit by a barrage of overwhelming criticism.
Much of the argument against the league’s formation was due to the ‘closed’ nature of the brand-new JPMorgan Chase-backed competition which would see the founder members protected from relegation.
Within 72 hours, nine of the clubs involved in the plans – including all of the English clubs which made up the group – had pulled out after uproar from supporters, the British government, and FIFA and UEFA.
The European Court of Justice dealt FIFA and UEFA a huge blow in bid to suppress ESL plans
UEFA head Aleksander Ceferin was a vocal critic of the breakaway plans first launched in 2021
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In a sweeping initial victory for the rebel plans, the Grand Chamber’s decision stated: ‘The FIFA and UEFA rules on prior approval of interclub football competitions, such as the Super League, are contrary to EU law.’
Specifically, the governing bodies’ actions were ‘contrary to competition law and the freedom to provide services’.
‘The FIFA and UEFA rules making any new interclub football project subject to their prior approval, such as the Super League, and prohibiting clubs and players from playing in those competitions, are unlawful. There is no framework for the FIFA and UEFA rules ensuring that they are transparent, objective, non-discriminatory and proportionate,’ the verdict summary read.
‘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’.
In the wake of the judgement, the case will now return to the Madrid-based court where the European Super League Company first applied for the temporary injunction from related FIFA and UEFA sanctions.
The decision comes in opposition to the advice handed out by Advocate General Athanasios Rantos to the ECJ in December 2022, which found that European Union competition law was in fact compatible with the restrictions doled out by UEFA and FIFA to the rebel clubs.
At the time, UEFA described the AG opinion as ‘unequivocal’ and a ‘clear rejection’ of the efforts made by 12 of Europe’s top clubs in 2021 to form their own league.
However, Thursday’s judgement did not go so far as to advise against the formation of a similar league.
‘(The verdict on EU competition laws) does not mean that a competition such as the Super League project must necessarily be approved,’ the court noted.
‘The Court, having been asked generally about the FIFA and UEFA rules, does not rule on that specific project in its judgement.’
Upon receipt of the verdict, UEFA issued a statement which further stressed that the ruling was not an ‘endorsement’ of the creation of the league.
Fans turned out in full force to protest the announcement of the ‘closed’ league in April 2021
‘UEFA takes note of the judgment deliviered today by the ECJ in the European Super League case,’ the statement began.
‘This ruling does not signifiy an endorsement or validation of the so-call “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 ocmmitment to uphold the European football pyramid, ensuring that it continues to serve the broader interest 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.
The 10 principles for a European Super League
- An open competition with several leagues based on sporting merit
- Clubs involved remain committed to national competitions
- Greater distribution of financial resources to improve competitiveness
- Health of players essential when deciding how many games played each year
- Transparent financial rules with European competitions governed by clubs, not third parties
- The aim is to create the best football competition in the world
- Improved fan experience is key
- Increased funding in women’s football to put it in spotlight alongside men’s format
- Significant increase in solidarity towards grassroots football
- Respect for EU laws and values
‘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.’
Barcelona – one of the three clubs who remained tied to the project – expressed their ‘satisfaction’ with the ruling in their statement after the verdict.
‘As one of the clubs driving the Super League project, FC Barcelona feels that the sentence paves the way for a new elite level football competition in Europe by opposing the monopoly over the football world, and wishes to initiate new discussions as to the path that European competitions should take in the future,’ the statement continued.
‘Since it was founded in 1899, FC Barcelona has always been a pioneering club in the world of sport, leading the drive towards more professionalised structures both on a domestic and international scale, with regard to both men’s and women’s competitions, in a variety of sports and from different social concerns.
‘Hence, as it has been maintaining in recent years, the club feels that the medium-term sustainability of European football entails the need create a concept along the lines of the Super League proposed by A22.
‘A system of competition that will address such issues as fixture overload and the excessive number of games between national teams, that will work towards regulation of financial fair play among participating teams, and that will put local and international players and supporters at the centre. This system must respect the functions and sustainability of domestic competitions and should be a meritocracy that is primarily based on results on the pitch.
‘In a year when the club is celebrating its 125th anniversary, Barca wishes to continue to offer its experience and knowledge of different sports to propose solutions for current issues in elite sport.
‘That is why it is declaring its support for the Super League promoted by A22 and encourages constructive debate among both domestic and international football bodies, which have now been endorsed by today’s sentence by the Court of Justice of the European Union. The foregoing is all subject to a complete reading of the sentence.
In February, A22 – the company formed to both sponsor and assist the creation of the European Super League – announced a new format beyond the 20 teams which would comprise of several divisions and be guided by 10 overarching principals.
This tournament would be run alongside existing domestic tournaments, and a woman’s competition is also said to be in the works.
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Real Madrid president Florentino Perez is one of the leading figures in favour of the new league
Last month Real Madrid president and vocal supporter of a potential European Super League Florentino Perez called the plans ‘more necessary than ever’.
‘The situation is very serious, either we react now or football will not survive,’ Perez said.
‘The main problem is that there are managers who act without thinking about the fans, European football does not belong to the president of UEFA nor the Spanish one to that of LaLiga.
‘The Super League is more necessary than ever, the objective is to offer the best football and it is the clubs that have to control their destiny.’
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