Court rules against Fifa and Uefa in Super League judgment

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 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.”

Organisers announced a revamped format for the plan 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.

The UK government, which threatened to drop a “legislative bomb” to prevent English teams taking part when the ESL launched, said after the ruling on Thursday that a new independent football regulator would “stop clubs from joining any similar breakaway competitions in the future”.

A lot of what happens in football is potentially at odds with competition law,  Underlying this proposal is resentment elsewhere in Europe at the financial dominance of the Premier League.