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Thursday 21 December 2023 9:02 am  |  Updated:  Thursday 21 December 2023 11:24 am

UEFA: ECJ ruling does not validate European Super League

By: CityAM Reporter and Matt Hardy

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Europe's footballing governing body Uefa today retaliated against a ECJ which deemed rules relating to breakaway leagues as unlawful.
Europe’s footballing governing body Uefa today retaliated against a ECJ which deemed rules relating to breakaway leagues as unlawful.(Photo by TOLGA AKMEN/AFP via Getty Images)

Europe’s footballing governing body Uefa today retaliated against a ECJ which deemed rules relating to breakaway leagues as unlawful.

the prospects of a future European Super League seemed to be boosted this morning after judges said UEFA rules blocking the formation of such a competition were contrary to EU law.

The European Court of Justice were asked to decide whether UEFA and world football body FIFA acted against competition law by blocking the European Super League in 2021 and then seeking to sanction the clubs involved, including Real Madrid and Barcelona.

The court has ruled that UEFA and FIFA rules granting prior approval for new competitions are contrary to EU law. But some of those rules have since been changed by Uefa.

Uefa on the Super League

The body said: “UEFA takes note of the judgment delivered today by the ECJ in the European Super League case. 

“This ruling does not signify an endorsement or validation of the so-called ‘super league’; it rather underscores a pre-existing shortfall within UEFA’s pre-authorisation framework, a technical aspect that has already been acknowledged and addressed in June 2022.

“UEFA is confident in the robustness of its new rules, and specifically that they comply with all relevant European laws and regulations.

“UEFA remains resolute in its commitment to uphold the European football pyramid, ensuring that it continues to serve the broader interests of society.

“We will continue to shape the European sports model collectively with national associations, leagues, clubs, fans, players, coaches, EU institutions, governments and partners alike. 

“We trust that the solidarity-based European football pyramid that the fans and all stakeholders have declared as their irreplaceable model will be safeguarded against the threat of breakaways by European and national laws.”

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ECJ judgement

A release issued by the court said such rules were “contrary to competition law and the freedom to provide services”.

#ECJ: The #FIFA and #UEFA rules on prior approval of interclub #football competitions, such as the Super League, are contrary to #EUlaw #EuropeanSuperleague 👉 https://t.co/ATb3CgbPxg pic.twitter.com/XCnLzwIKWb

— EU Court of Justice (@EUCourtPress) December 21, 2023

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

“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.”

Twelve clubs – including the Premier League’s ‘Big Six’ – announced the formation of the original European Super League in April 2021 but the plan quickly collapsed amid fan protests, pressure from UEFA and FIFA and even opposition from the British Government.

But now the ECJ appears to have given the green light to any such competition being relaunched in future.

“The court observes that the organisation of interclub football competitions and the exploitation of the media rights are, quite evidently, economic activities,” the court release continued.

“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.”

Bernd Reichart, the chief executive of Super League promoters, A22, said on X: “We have won the right to compete. The UEFA monopoly is over. Football is free. Clubs are now free from the threat of sanction and free to determine their own futures.”

Press Association – Jamie Gardner

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Aleksander Čeferin, UEFA President, and Gianni Infantino, FIFA President, observing from a stadium box.

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