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Setback for ESL

A key legal opinion this week was widely interpreted as a blow to the ambitions of Real Madrid, Barcelona and Juventus to establish a breakaway European Super League. But the battle for the hearts and minds of football clubs isn’t over yet.

It all goes back to A22, a Spain-based company that represents the interests of the ESL clubs, and its fight against the incumbent powers that be: Uefa and Fifa.

And don’t forget, A22 isn’t Uefa’s only competitor for the hearts and minds of clubs. The governing bodies might be on the same side of this specific case but on Friday, Fifa set out plans for a 32-team club World Cup in June 2025. Clubs are Uefa territory.

A22 had asked the European Court of Justice to judge whether Uefa can continue to act as a regulator with the power to sanction clubs while also organising — and profiting from — tournaments.

However, Advocate General Athanasios Rantos, a key adviser to the ECJ, said that EU competition rules don’t prohibit Uefa and Fifa or national leagues from threatening to sanction clubs that want to break from tradition. The governing bodies also have the right to approve new competitions, he said.

His opinion, though not binding, was welcomed this week by the two Switzerland-based governing bodies, which run the Champions League and the World Cup, two of the sport’s most prestigious competitions. A formal ruling is expected in the first half of next year.

In the words of Katarina Pijetlovic, Reader in Sports Law at The Manchester Metropolitan University, it would be a “comprehensive victory” for Uefa if the ECJ follows the AG's opinion which is what usually happens..

But what is clear from AG Rantos is that “third parties are not unduly denied access to the market”.

And A22 isn’t backing down. Chief executive Bernd Reichart said he believes the ECJ’s Grand Chamber of 15 judges “will go substantially further and provide the opportunity for clubs to manage their own destiny in Europe”.

Then there’s Fifa’s ever-expanding ambition. Getting into club competition might yet weaken Uefa’s position.

One consequence is that the owners of Liverpool and Manchester United may be more eager to sell up.

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