The European Court of Justice declares banning clubs from joining a European Super League as unlawful, accusing UEFA and FIFA of ‘abusing a dominant position.’
This follows a legal case initiated by the ESL and its supporters, alleging that UEFA and FIFA were violating competition law by threatening sanctions against those joining the breakaway league.
The highest court in Europe ruled against the governing bodies, clarifying that this does not automatically signify approval for a breakaway league.
A preliminary report from the ECJ in December affirmed the compatibility of football’s European and global governing bodies’ rules with EU competition law.
The verdict is perceived as a setback to the authority of UEFA and FIFA in overseeing the sport. Nonetheless, UEFA expressed confidence in the resilience of the rules it has implemented since the inception of the ESL, assuring compliance with relevant European laws and regulations.
It added it trusted that football’s existing set-up would be “safeguarded against the threat of breakaways by European and national laws”.
The ESL was designed as a novel midweek competition featuring two groups of 10 teams, followed by a play-off phase.
Outrage escalated when it was revealed that the 12 founding clubs would enjoy permanent spots in the league, effectively excluding all but five other clubs throughout Europe, once an additional three founding clubs were confirmed.
Fans expressed concern that the ESL would negatively impact leagues across Europe and criticized clubs for prioritizing greed over the well-being of supporters.
The report emphasized that when new competitions are potentially introduced, FIFA and UEFA must ensure that 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.
“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.
“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.”
Bernd Reichart, chief executive of ESL backers A22, wrote on X – formerly Twitter – 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.”
The ESL controversy unfolded in April 2021 when reports surfaced that 12 teams, including English clubs Arsenal, Chelsea, Liverpool, Manchester City, Manchester United, and Tottenham, had committed to the breakaway competition.
The announcement sparked widespread outrage and condemnation from fans, various European leagues, and even government authorities, resulting in the collapse of the plans within 72 hours.
Uefa imposed fines on the six Premier League clubs and Atletico Madrid, Inter Milan, and AC Milan, but legal proceedings halted action against Real Madrid, Barcelona, and Juventus. However, Juventus indicated their intent to withdraw from the project in July.
Although the ESL has not been entirely abandoned, Real Madrid and Barcelona remain interested in pursuing the initiative. Real Madrid welcomed the ruling, asserting that clubs will now have control over 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.”