EU Court of Justice reopens the Superleague saga: FIFA and UEFA cannot ban new competitions

Brussels – The EU Court of Justice this morning (Dec. 21)  issued a historic ruling: the masters of world and European soccer, FIFA and UEFA, “cannot ban new competitions”. Including the Superleague project launched by Europe’s top clubs.

The Luxembourg-based court does not mince words: there is an abuse of dominant power in the world of soccer, and UEFA and FIFA exercise an illegitimate monopoly. “FIFA’s and UEFA’s rules making any new interclub soccer project, such as the Superleague, subject to their prior approval, and prohibiting clubs and players from playing in such competitions, are unlawful,” according to the ruling. Because, the court points out, “there is no framework for FIFA and UEFA ensuring that they are transparent, objective, non-discriminatory and proportionate.”

In April 2021, the presidents of FIFA, Gianni Infantino, and of UEFA, Aleksander Ceferin, spoke out against the plans of 12 top European clubs to create a new international tournament, threatening them with heavy sanctions and exclusion from other competitions. Spain’s Real Madrid, Barcelona, and Atletico Madrid, Italy’s Juventus, Inter Milan, and Milan, and the UK’s Arsenal, Liverpool, Manchester City, Manchester United, and Tottenham had had to put their hearts at rest. But today’s ruling opens a new chapter in the world of soccer.

The diatribe reached Luxembourg after the European Super League Company decided to take FIFA and UEFA to the commercial court in Madrid. That preferred to refer the matter to the European level. The Court of Justice’s reasoning is unimpeachable, starting with the observation that the two Swiss-based federations not only have certain regulatory, control and sanctioning powers, but that in parallel they themselves organize soccer competitions.

“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 to which it gives rise, be subject to criteria which are suitable for ensuring that they are transparent, objective, non-discriminatory and proportionate,” the Court says. This is not the case for FIFA and UEFA, which “are therefore abusing a dominant position.” In addition, “given their arbitrary nature, their rules on approval, control, and sanctions must be regarded as unjustified restrictions on the freedom to provide services.”

UEFA’s response: “No validation of the Super League”

An immediate response came from UEFA in Nyon, Switzerland, saying it “takes note” of a ruling that nevertheless “does not mean endorsement or validation of the so-called Super League.” According to UEFA, the court “underscores a pre-existing shortfall” in the rules on pre-authorization, which the Football Association would have already recognized 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,” the official statement says. UEFA concludes with a wish that sounds like a provocation. To the exclusive project of the Superleague and the decision of the Court of Justice. “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.” Period. Toward the new chapter.