The European Super League, which has been at the centre of controversy in recent years, has been given a new lease of life after a landmark ruling by the European Court of Justice.
The European Court of Justice had been considering whether European football’s governing bodies (UEFA and FIFA) breached competition law when they blocked the 2021 European Super League and sanctioned clubs involved in the breakaway. The Grand Chamber ruled that the rules at the time were not sufficient and that FIFA and UEFA acted “illegally” in preventing the rebel tournament from taking place.
Like all court decisions, this is very much a matter of interpretation and does not necessarily mean that an ESL must be approved, but rather that the fact that the UEFA and FIFA forbade the clubs to form a league was in breach of EU law.
The European Court of Justice found the governing bodies to be abusing their dominant position, but noted that this did not necessarily mean that a project like the Super League must be approved.
European Court of Justice statement
In its ruling, the ECJ stated, “The FIFA and UEFA rules on prior approval of interclub football competitions, such as the Super League, are contrary to EU law. They are contrary to competition law and the freedom to provide services.
“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. There is no framework for the FIFA and UEFA rules ensuring that they are transparent, objective, non-discriminatory and proportionate,” the statement added.
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