Court rules UEFA, FIFA breached EU Law over Super League

The EU’s top court ruled that FIFA and UEFA abused their dominant position by forbidding clubs outright to compete in a European Super League, but added that the competition may still not be approved.

Published : Dec 21, 2023 15:07 IST , BRUSSELS - 3 MINS READ

FILE PHOTO: A metal figure of a football player with a ball is seen in front of the words “European Super League” on April 20, 2021.
FILE PHOTO: A metal figure of a football player with a ball is seen in front of the words “European Super League” on April 20, 2021. | Photo Credit: REUTERS

FILE PHOTO: A metal figure of a football player with a ball is seen in front of the words “European Super League” on April 20, 2021. | Photo Credit: REUTERS

UEFA and FIFA defied European Union competition law by blocking plans for the breakaway Super League, the EU’s top court ruled on Thursday.

The case was heard last year at the Court of Justice after Super League failed at launch in April 2021. UEFA President Aleksander Ceferin called the club leaders “snakes” and “liars” and threatened to ban players from Super League clubs.

The company formed by 12 rebel clubs — now led by only Real Madrid and Barcelona after Juventus withdrew this year — started legal action to protect its position and the court was asked to rule on points of EU law by a Madrid tribunal.

The clubs accused UEFA of breaching European law by allegedly abusing its market dominance of football competitions.

“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,” the court said. “There is no framework for the FIFA and UEFA rules ensuring that they are transparent, objective, non-discriminatory and proportionate.”

The ruling will boost Super League promoters’ hopes of reviving their project, although the court said it “does not mean that a competition such as the Super League project must necessarily be approved.”

“The court, having been asked generally about the FIFA and UEFA rules, does not rule on that specific project in its judgment.”

Two years after the original idea collapsed, Super League promoters presented in February a new proposal for a multi-division competition involving up to 80 European football teams and operating outside of UEFA’s authority.

English clubs are still unlikely to join such a revived plan. The Premier League’s international appeal and financial power has only grown in the past two years, and a U.K. government bill announced last month by King Charles proposed powers to block English teams from trying to join a breakaway league.

In a document explaining the new Football Governance Bill, the government said the European Super League was “fundamentally uncompetitive” and “threatened to undermine the footballing pyramid against the wishes of fans.”

The ruling issued on Thursday was the Court of Justice’s most anticipated sports decision since the so-called Bosman Ruling in 1995. That case upended football’s transfer system, drove up pay for top players who became free agents when contracts expired, and ultimately accelerated a wealth and competitive divide between rich clubs and the rest.

When Super League was unveiled — a largely closed competition as an alternative to the UEFA-run Champions League — widespread condemnation hit the rebel clubs from England, Spain and Italy.

UEFA’s defense was that it protected the special place of sports in European society by running competitions in a pyramid structure open to all, and funded the grassroots of the game. This season, the Champions League included Royal Antwerp, which won its first Belgian title for 66 years, and Union Berlin, which rose into the German top division only in 2019.

The proposed 20-team Super League with locked-in places for up to 15 founders would have effectively replaced the Champions League and weakened the sporting and commercial appeal of domestic leagues.

The lack of relegation was fundamentally at odds with European football which, unlike elite U.S. sports leagues, has the risk and reward of moving up or down divisions based on performance.

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