European Super League Unlawful, says EU's Top Court, Challenging FIFA and UEFA Regulations
EU's top court declares FIFA and UEFA's restrictions on the European Super League as unlawful, allowing the establishment of the new competition and granting clubs and players the freedom to participate
The top court of the European Union ruled against FIFA and UEFA in the European Super League (ESL) case, stating that their rules requiring prior approval for new competitions like the ESL and prohibiting clubs and players from participating were found to be "unlawful." The Court of Justice of the European Union (CJEU) was tasked with determining whether FIFA and UEFA had the legal right to prevent the creation of the controversial breakaway league in 2021. This case was referred to the CJEU by a court in Madrid, and the judgment was eagerly awaited by numerous soccer clubs, fans, and governing bodies.
The court clarified that its ruling does not require approval of the Super League project, but rather considers FIFA and UEFA rules. It has referred the legality of the breakaway league back to the Spanish court for determination. A22 Sports Management CEO Bernd Reichart stated that the ESL's case against UEFA aims to determine the legality of its dominant position in European soccer.
A22 was established to "support and aid in the development of the new European Super League," as stated on its website.
The CJEU determined that FIFA and UEFA are engaging in "dominant position abuse" when organizing football competitions, as they lack criteria to ensure transparency, fairness, and non-discrimination in dealing with potential conflicts of interest.
The "organisation of interclub football competitions and the exploitation of the media rights" is now considered "economic activities" that must adhere to competition rules and respect freedom of movement.
A22 declared the decision as a historic moment in football, with Reichart stating: "The UEFA-monopoly has ended. Football is now liberated. Clubs are no longer under the threat of sanctions and are free to shape their own destinies."
CNN has reached out to world governing body FIFA and UEFA for comment.
Granada CF players don protest t-shirts against the European Super League prior to their La Liga match against SD Eibar at Estadio Nuevo Los Carmenes on April 22, 2021 in Spain.
Image credit: Fran Santiago/Getty Images
A 48-hour collapse
On April 18, 2021, a group of 12 prominent and financially influential European clubs declared their plans to depart from the existing UEFA competition structure and establish a Super League. The proposal aimed to secure a position for 15 clubs in the 20-team tournament annually, irrespective of their on-field performance.
The 20 teams will consist of the 12 founding members, three permanent unnamed clubs, and five qualifying teams annually. Despite strong opposition from fans and the public, the plans were abandoned 48 hours later due to accusations of power grabbing and securing revenue for founding members. However, Real Madrid and Barcelona remain committed to the project.
The decision was met with criticism as it was seen to undermine the fundamental principle of promotion and relegation in soccer, which is crucial for maintaining a level of equality among clubs.
LaLiga reiterated its criticism on Thursday, posting on X that "today more than ever we remember that the Super League is a selfish and elitist model. "Any format that doesn't guarantee direct access year after year through domestic leagues is a closed model."
Arsenal, AC Milan, Chelsea, Atlético Madrid, Inter Milan, Liverpool, Manchester City, Manchester United, and Tottenham Hotspur withdrew from the ESL project but faced financial penalties from UEFA. In July 2023, Serie A's Juventus - one of the 12 founding members - announced that the club had started the process of leaving the ESL, but its exit would only be authorized by Real Madrid and FC Barcelona according to contractual terms.
In Livorno, Italy on April 20, 2021, a newsagent displayed two pages from prominent Italian sports newspapers featuring headlines opposing the Super League, reading 'No!' and 'Fermateli!' ('Stop them!).
Laura Lezza/Getty Images
European Sport Model
Real, Barça, and Juve were at risk of being banned from the Champions League by UEFA, but a ruling from a Spanish court in June 2021 led UEFA to suspend the disciplinary case. Additionally, in December 2022, a non-binding EU Opinion by Advocate General Athanasios Rantos at the CJEU concluded that the FIFA-UEFA rules requiring prior approval for new competitions are in line with EU competition law.
The opinion also specified that, although Super League clubs could establish their own independent competition, they would not have the authority to insist on participating in FIFA and UEFA competitions if both governing bodies denied consent. According to this opinion, the penalties for Super League clubs would fully adhere to EU law, a stance that was later contradicted by the CJEU's ruling on Thursday.
Prior to the LaLiga match between the two clubs at the Camp Nou on April 10, FC Barcelona president Joan Laporta (C) and Girona president Delfi Geli (R) were photographed together.
UEFA issued a statement expressing support for Rantos opinion, calling it an encouraging step towards preserving the dynamic and democratic governance structure of the European football pyramid. They also emphasized the central role of federations in protecting the sport and upholding fundamental principles of sporting merit and open access across their members.
Lawyer Jean-Louis Dupont, advising A22, informed CNN Sport via email that Rantos' opinion was contradicted in another case involving UEFA, Belgium soccer club Antwerp, and the EU's freedom of movement rules. According to Dupont, Maciej Szpunar, First Advocate General at the Court of Justice, stated in an opinion on that case that no article in the EU Treaties grants UEFA a mandate to enforce any European Sport Model.
Dupont added that UEFA is likely to face ongoing conflicts of interest as both a commercial operator and a regulator of the market it dominates commercially, according to Szpunars opinion delivered in March 2023.
Florentino Pérez, the president of Real Madrid, is seen before the UEFA Champions League quarterfinal second leg match against Chelsea FC at Stamford Bridge in London on April 18, 2023. (Image credit: Gaspafotos/MB Media/Getty Images)
Revamped competition
In February this year, the organizers of the ESL unveiled a revamped competition with "60 to 80 teams."
A22's renewed efforts to revive the ESL stem from the Madrid High Court's decision in 2023 to reinstate the 2021 injunction protecting the Super League, its clubs, and participants from sanctions by UEFA, FIFA, and affiliated federations and leagues.
"In his email to CNN prior to Thursday's ruling, Dupont stated, "UEFA and FIFA have a self-proclaimed monopoly on transnational club football. The door is closed: no access to the market for anyone but them."
"The key issue is: will they still enjoy that monopoly on 21st December? Or will the ECJ open the door, one way or another?"
This is a developing story and will be updated.
