The European Court of Justice have ruled that UEFA and FIFA acted against competition law when they blocked the formation of the European Super League in 2021.
FIFA and UEFA rules on prior approval of competitions such as the European Super League are contrary to EU law, the Grand Chamber of the European Court of Justice has said.
The prospects of a future European Super League have been boosted by the decision. The Grand Chamber of the European Court of Justice had been asked to decide whether UEFA and FIFA acted against competition law by blocking the formation of the European Super League in 2021 and then seeking to sanction the clubs involved.
Uefa were found to be “abusing a dominant position” in the way it applies its rules, leaving the potential for a revival of the European Super League project.
In a long-awaited ruling by the European court of justice, Uefa and football’s international governing body, Fifa, were found to have rules relating to the establishment of new competitions that were not “transparent, objective, non-discriminatory and proportionate”. These rules have been declared “unlawful” by the court.
The judgment also found, however, that its decision “does not mean that a competition such as the Super League project must necessarily be approved”. The ruling has been awaited by football’s stakeholders as potentially offering sign as to the future of the European game and whether a project such a Super League could happen again.
In 2021, immediately after the announcement of the breakaway tournament, Uefa took disciplinary action against the 12 Super League clubs, with each sanctioned and banned from European qualification for joining a competition unauthorised by the governing body. The Super League company brought legal action in response, its arguments focusing on whether Uefa should have the power to decide what is authorised.
Uefa’s disciplinary processes were suspended as part of these proceedings, with nine of the 12 clubs also walking away from the Super League. An opinion published last year by an advocate general at the ECJ found Uefa had not acted against European competition law by sanctioning its clubs.
Proponents of a Super League have continued to devise plans for a competition. A22, a consultancy hired by the Super League Company, presented a 10-point ‘manifesto’ for reinventing the concept in February.
It committed to ‘open competition’ involving 60-80 clubs, chosen on sporting merit from their domestic leagues (which they would continue to play in). That would include a divisional system, meaning teams could be promoted or relegated within the competition.
The court has ruled that UEFA and FIFA rules granting prior approval for new competitions are contrary to EU law.