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Court says Uefa and Fifa rules banning European Super League were unlawful

December 21, 2023
Reading Time: 2 mins read
UEFA President Aleksander Ceferin (Photo by Kristian Skeie - UEFA/UEFA via Getty Images)

UEFA President Aleksander Ceferin (Photo by Kristian Skeie - UEFA/UEFA via Getty Images)

Banning clubs from joining a European Super League was unlawful and Uefa and Fifa are “abusing a dominant position”, the European Court of Justice has said.

It comes after a case was brought by the ESL and its backers claiming Uefa and Fifa were breaking competition law by threatening to sanction those who joined the breakaway league.

Europe’s highest court found against the governing bodies.

It added that did not mean a breakaway league would “necessarily be approved”.

An initial report released last December by the ECJ said the rules of football’s European and world governing bodies were “compatible with EU competition law”.

However, the verdict will be seen as a blow to the authority of Uefa and Fifa and how they govern the game.

FIFA President Gianni Infantino

The report said that when new competitions are “potentially entering the market” Fifa and Uefa must ensure their powers are “transparent, objective, non-discriminatory and proportionate”.

The report adds: “However, the powers of Fifa and Uefa are not subject to any such criteria. Fifa and Uefa are, therefore, abusing a dominant position.

FIFA logo (Photo by Philipp Schmidli/Getty Images)

“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.

The UEFA logo (Photo by FABRICE COFFRINI/AFP via Getty Images)

“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.”

Responding to the ECJ verdict on X, formerly Twitter, A22 chief executive Bernd Reichart wrote that the ESL “have won the right to exist”.

He added: “Uefa’s monopoly is over. Football is free. Clubs are now free from the threat of sanctions and free to determine their own future.

“For fans: we offer free broadcasting of all Superleague matches. For clubs: Income and solidarity expenses will be guaranteed.”

Aleksander Ceferin UEFA president (Photo by Matthias Hangst/Getty Images)

The ESL saga began in April 2021 when news broke that 12 teams – including English teams Arsenal, Chelsea, Liverpool, Manchester City, Manchester United and Tottenham – had signed up to the breakaway competition.

There was widespread anger and condemnation from fans, other European leagues and even government, leading to the collapse of the plans within 72 hours.

The six Premier League clubs plus Atletico Madrid, Inter Milan and AC Milan were fined by Uefa, but action against Real Madrid, Barcelona and Juventus was halted during the legal process, although Juventus signalled their intention to quit the project in July.

FIFA President Gianni Infantino Photo Courtesy: Getty Images

The ESL has not been scrapped completely, however, with Real Madrid and Barcelona remaining interested in pursuing the venture.

Real welcomed the ruling, saying clubs will now be the “masters of their own destiny”.

“It is a great day for the history of football and for the history of sports,” a statement added.

Meanwhile, Spain’s La Liga said European football had “spoken”.

The statement said: “Today, more than ever, we reiterate that the “Super League” is a selfish and elitist model.

“Anything that is not fully open, with direct access only through the domestic leagues, season by season, is a closed format.”

Source: BBC
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