FIFA, UEFA rules blocking Super League ruled unlawful by court

FIFA and UEFA rules blocking a potential European Super League have been ruled to be “unlawful”, a landmark ruling has found.

The European Court of Justice (ECJ) delivered its long-awaited verdict in Luxembourg on Thursday morning after the European Super League Company (ESLC) first took legal action against both governing bodies in April 2021.

The dispute began in the wake of 12 English, Spanish and Italian clubs launching a new competition to rival the Champions League, one that collapsed after an angry backlash from supporters and threats of heavy sanctions from UEFA.

Despite an initial non-binding verdict, delivered last December, ruling that UEFA had acted in accordance with EU law, the final decision from the ECJ has said that both UEFA and FIFA are “abusing a dominant position” and in breach of competition law.

“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,” said the ECJ.

The ruling will embolden those aiming to break down UEFA’s powers, with Real Madrid and Barcelona still fully committed to the notion of a breakaway league.

A22, the sports management company aiming to launch a new European competition, has published plans for new men’s and women’s tournaments which it proposes would run midweek and provide “competitive drama and decisive matches throughout the entire football season”.

“We’ve won the right to compete,” said Bernd Reichart, A22 chief executive. “UEFA’s monopoly is over. Football is free. Now the clubs will not suffer threats and punishments. They are free to decide their own future.”

Fifteen judges in the ECJ’s Grand Chamber passed this binding verdict after months of deliberation and, given its status as the highest court in the EU, it is not subject to any appeal.

“The Court holds 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,” the ruling added.

“However, the powers of FIFA and UEFA are not subject to any such criteria. FIFA and UEFA are, therefore, abusing a dominant position.”

The ECJ verdict was focused upon whether UEFA were operating a monopoly but did not pass judgement on the proposal of a breakaway league.

“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.”

How have UEFA and FIFA responded?

“I personally see this decision as a chance to improve some of the regulations but first, and crucially, football remains united,” UEFA president Aleksander Ceferin said. “You see all of us stakeholders speaking together in the press conference. We have national governments and institutions behind us.

“It’s fair to say that the press release issued by the ECJ and subsequent media generation does not fully reflect the court’s findings. There is a stark contrast between the press statement and the judgement. The judgement is actually positive as it embraces the key features of the European football pyramid.

“The system they have presented is even more closed than the one they presented in 2021 and was rejected.

“I am so happy that we saw the presentation because it is clear now they are offering a closed competition, which we knew all the time. We will not try to stop them. I hope they start their fantastic competition as soon as possible with two clubs. I hope they know what they’re doing.”

Shortly after the ruling, UEFA said: “This ruling does not signify an endorsement or validation of the so-called ‘super league’; it rather underscores a pre-existing 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.

“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.”

FIFA, meanwhile, said: “FIFA will now analyse the decision in coordination with UEFA, the other confederations and the member associations before commenting further.

“In line with its statutes, FIFA firmly believes in the specific nature of sport, including the pyramid structure – which is underpinned by sporting merit – and the principles of competitive balance and financial solidarity.”

President Gianni Infantino expanded on the world governing body’s official statement in a slightly different tone, saying: “With the greatest respect for the European Court of Justice, today’s judgement does not change anything, really.

“Historically, we have been organising the best competitions in the world and this will also be the case in the future. We will continue to deliver the world’s most spectacular, competitive and meaningful tournaments and use our revenues to develop football in every corner of the globe through solidarity programmes that ensure the less privileged benefit from those top competitions.

“FIFA will continue to do so, as always, in close cooperation with our Member Associations, with the Confederations and with all the stakeholders of football for the exclusive benefit of our game – globally. All together!”

What about the clubs?

Real Madrid president Florentino Perez said: “At Real Madrid, we welcome with great satisfaction the decision taken by the Court of Justice of the European Union, which is responsible for guaranteeing our principles, values and freedoms.

“In the coming days we will study the scope of this ruling in detail, but I would like to anticipate two conclusions of great historical significance. Firstly, that European club football is not and will never again be a monopoly.

“And secondly, that from today the clubs will be the masters of their destiny. We, the clubs, see our right to propose and promote European competitions that modernise our sport and attract fans from all over the world fully recognised. In short, today the Europe of freedoms has triumphed once again, and today football and its fans have triumphed too.”

Barcelona released a statement saying: “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.”

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President @JoanLaportaFCB discusses the Super League sentence pic.twitter.com/BVW8QJl3fl

— FC Barcelona (@FCBarcelona) December 21, 2023

On the other side, the European Club Association (ECA), a group representing nearly 500 professional football clubs across Europe, pledged to continue to work with UEFA, and FIFA “to develop the game positively and progressively”.

“To be absolutely clear, the judgment in no way whatsoever supports or endorses any form of Super League project,” a statement read. “Since the legal case was brought two years ago, major progressive governance reforms have already been put in place across the ecosystem of football in Europe and worldwide, including new UEFA rules for competition pre-authorisation; and in particular, reforms under ECA’s Memorandum of Understanding and Joint Venture with UEFA, and FIFA (signed in September
and March this year). Through ECA, clubs today are already at the heart of decision-making in relation to the competitions they participate in.

“In short, the world of football moved on from the Super League years ago and progressive reforms will continue. Most importantly, football is a social contract not a legal contract — all the recognised stakeholders of European and world football — spanning confederations, federations, clubs, leagues, players and fans – stand more united than ever against the attempts by a few individuals pursuing personal agendas to undermine the very foundations and basic principles of European football.

“ECA will continue to work with UEFA, FIFA and all recognized stakeholders of football to develop the game positively and progressively — founded on the principles of sporting meritocracy, inclusiveness, open competition and genuine solidarity. These principles are at the heart of ECA, and at the core”.

Real Madrid and Barcelona’s Spanish rivals Atletico Madrid say UEFA’s partnership with the ECA renders suggestions of a monopoly “meaningless” while reiterating their opposition to a project they once backed.

“The European football community does not support the European Super League,” they said. “Germany, France, England, Italy, Spain (except for Real Madrid and Barcelona), etc. oppose the Super League.

“We advocate for protecting the broader European football family, preserving domestic leagues, and securing qualification for European competitions through on-field performance each season.”

Manchester United — one of six Premier League clubs to back the initial proposal before pulling out — said in a statement: “Our position has not changed. We remain fully committed to participation in UEFA competitions, and to positive cooperation with UEFA, the Premier League, and fellow clubs through the ECA on the continued development of the European game.”

Liverpool and Chelsea say their position on any new competition remains the same while Manchester City referred to their previous statement, from April 2021, which said they have “formally enacted the procedures to withdraw from the group developing plans for a ESL”.

The wider reaction

The Premier League has reiterated its “commitment to the clear principles of open competition” and says it will continue to work on “how best to protect and enhance the complementary balance of domestic and international club football”.

“This is a significant ruling and we will now fully examine its implications for the game,” a statement read.

“The ruling does not endorse the so-called ‘European Super League’ and the Premier League continues to reject any such concept. Supporters are of vital importance to the game and they have time and again made clear their opposition to a ‘breakaway’ competition that severs the link between domestic and European football.

“The Premier League reiterates its commitment to the clear principles of open competition that underpin the success of domestic and international club competitions. Football thrives on the competitiveness created by promotion and relegation, the annual merit-based qualification from domestic leagues and cups to international club competitions and the longstanding rivalries and rituals that come with weekends being reserved for domestic football.

“These principles are enshrined in the Premier League Owners’ Charter, introduced in June 2022, which aims to improve the collective strength and competitiveness of the League in the best interests of the wider game. Since 2021, the Premier League, alongside other football bodies, has also strengthened its rules and governance in this area.

“The Premier League will continue to engage in an open and constructive dialogue, with all relevant football stakeholders, on how best to protect and enhance the complementary balance of domestic and international club football.”

La Liga, which has strongly opposed the Super League project from the outset, said in their own statement: “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. European football has spoken. Listen.”

The Union of European Clubs, a newly-formed group of smaller European clubs backed by La Liga president Javier Tebas, added: “The UEC resolutely supports UEFA as the regulator of European football, firmly opposing A22’s efforts to destabilise the game.

“The Super League proposition is an elitist move aimed at concentrating power and financial gains in the hands of a few clubs, undermining merit.”

In the UK the attempted breakaway triggered the commissioning of a fan-led review, which recommended the creation of an independent regulator for the game. They will have the power to prevent English clubs from joining breakaway competitions irrespective of any ECJ ruling.

The UK’s Department for Culture, Media and Sport said: “We note the decision by the European Court of Justice’s judgement with regard to the European Super League.

“The attempt to create a breakaway competition was a defining moment in English football and was universally condemned by fans, clubs and the government.

“We took decisive action at the time by triggering the fan-led review of football governance, which called for the creation of a new independent regulator for English football.

“We will shortly be bringing forward legislation that makes this a reality, and will stop clubs from joining any similar breakaway competitions in the future.”

The ill-fated plan to set up a European Super League was announced on April 18, 2021 with twelve of Europe’s leading clubs from England, Spain and Italy confirming their intention to launch their own midweek competition to rival UEFA’s Champions League.

The proposed competition was made up of Manchester United, Manchester City, Chelsea, Arsenal, Tottenham Hotspur, Liverpool, AC Milan, Inter Milan and Atletico Madrid as well as Juventus, Barcelona and Real Madrid.

However, the first nine listed clubs backed out after receiving heavy backlash from supporters as well as politicians, broadcasters, pundits and coaches while Real Madrid, Barcelona and Juventus stood firm. Juventus confirmed their intention to pull out of any future plans in June of this year.

Organisers announced a revamped format for the controversial tournament back in February, which would see 64 teams competing in a multi-league competition.

They say a new-look Super League would be based only on “sporting merit” with no permanent members.

The proposal would see 64 teams compete across “Star, Gold and Blue Leagues”, in groups of eight with a guaranteed minimum of 14 matches per year.

There would be promotion and relegation between leagues, qualification via domestic competition while all games would be broadcast for free via a new digital streaming platform, organisers say.

A corresponding women’s competition comprised of 32 sides has also been proposed.

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