Court Shocker: FIFA & UEFA Helpless Against European Super League Comeback Plans!

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The European Court of Justice has declared that FIFA and UEFA cannot prevent clubs from participating in the Super League.

Following the league’s initial announcement in 2021, both FIFA and UEFA warned of potential bans for players and clubs joining the Super League, prohibiting their involvement in existing competitions.

Founding members Arsenal, Chelsea, Liverpool, Manchester City, Manchester United, Tottenham Hotspur, AC Milan, Atletico Madrid, Barcelona, Inter, Juventus, and Real Madrid faced significant fan backlash, leading to nine clubs withdrawing within days.

Juventus withdrew in July 2023, but Real Madrid and Barcelona remained committed to the Super League’s formation.

Thursday’s verdict enhances their optimism, stating, “The FIFA and UEFA rules requiring prior approval for any new interclub football project, such as the Super League, and prohibiting clubs and players from participating in those competitions, are deemed unlawful.”

The court emphasized the lack of transparency, objectivity, non-discrimination, and proportionality in FIFA and UEFA rules.

“Similarly, the rules giving FIFA and UEFA exclusive control over the commercial exploitation of the rights related to those competitions are such as to restrict competition, given their importance for the media, consumers and television viewers in the European Union.

“The Court observes that the organisation of interclub football competitions and the exploitation of the media rights are, quite evidently, economic activities. They must therefore comply with the competition rules and respect the freedoms of movement, even though the economic pursuit of sport has certain specific characteristics, such as the existence of associations having certain regulatory and control powers and the power to impose sanctions. The Court also observes that, in parallel with those powers, FIFA and UEFA themselves organise football competitions.

“Next, 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. However, the powers of FIFA and UEFA are not subject to any such criteria. FIFA and UEFA are, therefore, abusing a dominant position.”

The ruling means that FIFA and UEFA must offer the body behind the Super League a fair opportunity to create the competition but, importantly, does not guarantee its creation.

“That does not mean that a competition such as the Super League project must necessarily be approved,” the statement added. “The Court, having been asked generally about the FIFA and UEFA rules, does not rule on that specific project in its Judgment.”

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