December 21, 2023, 4:14 a.m. ET
Europe's highest court ruled on Thursday that UEFA had abused “a dominant position” in controlling European football, giving a significant boost to the Super League project.
The Super League and its backer A22 Sports argued that UEFA's ban on the potential competition – a concept introduced in April 2021 – and the associated penalties for participating clubs constituted an illegal monopoly under European competition law.
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The ruling of the European Court of Justice on Thursday [ECJ] found that FIFA and UEFA rules requiring prior approval for new football competitions and prohibiting players from taking part in these competitions were “unlawful”.
“There is no framework for the FIFA and UEFA rules to ensure that they are transparent, objective, non-discriminatory and proportionate,” the court said.
“Similarly, the rules giving FIFA and UEFA exclusive control over the commercial exploitation of the rights relating to these competitions are likely to restrict competition given their importance for the media, consumers and television viewers in the European Union.”
The court noted that the organization of football competitions is an economic activity and “therefore must comply with the competition rules and respect freedom of movement.”
The court clarified that its ruling “does not mean that a competition such as the Super League project must necessarily be approved,” explaining that it is a ruling on FIFA and UEFA rules in general and not on a specific project.
Nevertheless, the decision is a significant boost for the Super League project, which is intended to replace UEFA's Champions League.
“We have fought for competition law,” said Bernd Reichart, CEO of A22 Sports. “UEFA’s monopoly is over. Football is free. Now the clubs no longer have to suffer threats and punishments. They can decide their own future.”
UEFA released a statement on Thursday arguing it had already updated its rules following the attempted start of the Super League.
“This decision does not constitute an endorsement or confirmation of the so-called 'Super League',” UEFA said. “Rather, it highlights a pre-existing deficiency in UEFA’s pre-approval framework, a technical aspect that was already acknowledged and addressed in June 2022.”
“UEFA is confident in the robustness of its new rules and in particular that they comply with all relevant European laws and regulations.”
Initially, twelve clubs – Arsenal, Chelsea, Liverpool, Manchester City, Manchester United and Tottenham Hotspur from the Premier League, Atletico Madrid, Barcelona and Real Madrid from LaLiga and AC Milan, Inter Milan and Juventus from Serie A – have become members The breakaway Super League was launched on April 18, 2021, a move that stunned the football world.
The project, led by Florentino Perez of Real Madrid and Andrea Agnelli of Juventus, was born out of frustration with UEFA's dominant role as organizer of the Champions League and dissatisfaction with the competition's format and revenue model.
Vocal opposition from football associations, fans and politicians – particularly in England – quickly led to nine of those clubs announcing their withdrawal from the project, leaving only Real Madrid, Barcelona and Juventus as public supporters.
“From today on, the clubs will be masters of their own future,” Perez said on Thursday. “Our right to propose and promote European competitions that modernize our sport and attract fans around the world has been recognized.”
“Real Madrid will continue to work for the good of football. We will continue to defend a modern project, fully compatible with national competitions, open to all, based on sporting merit and offering effective financial fair play.”
“Nobody said it would be easy to end a monopoly after so many decades… From today on, the present and future of European football are finally in the hands of the clubs, the players and the fans. Our fate belongs to us.”
Barcelona issued a statement on Thursday expressing its “satisfaction” with the court ruling and saying it “paves the way for a new elite football competition in Europe.”
The case ended up at the European Court of Justice after the 2021 Super League filed a lawsuit in a Spanish court seeking protection to forestall possible UEFA sanctions.
The judge in Madrid issued an interim injunction before sending the case to the Luxembourg court for sentencing.
Since October 2022, A22 Sports – under Reichart's leadership – has been attempting to restart and rename the Super League, proposing a more open, meritocratic format.
“For the fans: We are broadcasting all Super League games free of charge,” said Reichart on Thursday. “For the clubs: club income and solidarity payments in football are guaranteed.”
Spain's LaLiga and its president Javier Tebas have been vocal in their criticism of the project, arguing that the competition would damage and undermine national leagues.
“The ruling confirms what we have always said: anyone can organize competitions outside UEFA and FIFA, it cannot be banned and no one has doubted it. The legal question is the status of these competitions within the UEFA and FIFA ecosystem,” Tebas said. “In 2022, UEFA has introduced a process for approving new competitions, which could be used by the Super League or any other competition.”