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European Court of Justice Rules Against UEFA in Super League Dispute

by Ava Harper
December 22, 2023
in Europe
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UEFA loses in dispute over Super League

The European Court of Justice has strengthened the plans for a Super League by ruling that major football associations such as UEFA cannot make other competitions dependent on their approval.

In the dispute over the creation of a Super League, the Union of European Football Associations (UEFA) suffered a defeat before the highest European court. The FIFA and UEFA, the major football associations, are not allowed to make other competitions dependent on their approval and cannot prohibit clubs and players from participating in these competitions, the CJEU ruled.

However, the judges clarified that this does not necessarily mean that the Super League must be approved.

CJEU sees abuse of dominant market position

There is no framework for the rules of the associations that ensures that the requirements are transparent, objective, non-discriminatory, and proportionate. The rules that grant FIFA and UEFA exclusive control over the commercial rights exploitation of the competitions also restrict competition in the European Union, the ruling stated. FIFA and UEFA are abusing their dominant market position.

The initiators of the Super League immediately celebrated the ruling as a major victory. “The UEFA monopoly is over,” said former RTL manager Bernd Reichart, who represents the project for the A22 agency.

The agency immediately specified its plans for the Super League project. One of the main features of the new competitions is that fans will be able to watch all games “live and free of charge through a new digital streaming platform,” according to a statement. In men’s football, the plan involves a three-tier league system with 64 clubs. There will be no fixed members, it further stated. In women’s football, a total of 32 clubs will participate in two leagues.

UEFA does not see the European football model as threatened

UEFA took the ruling calmly. The decision of the CJEU does not mean the “endorsement or confirmation of the so-called Super League,” the governing body said. Newly introduced rules will address the deficiencies outlined by the court.

UEFA is confident that these new requirements for competition admission “comply with all relevant European laws and regulations.” The association continues to support the so-called football pyramid, which is based on national leagues that allow clubs to qualify for international competitions.

“We will continue to shape the European sports model together with national associations, leagues, clubs, fans, players, coaches, EU institutions, governments, and partners,” UEFA said. It trusts that the current football model in Europe will be protected from dangers by European and national laws.

DFL and fan organization also reject Super League

The German Football League (DFL) also supports the European sports model. It opposes “competitions outside those organized by associations and leagues,” the DFL said. The ruling was understandable and expected. “The legality of the Super League is a separate question,” it added. Once again, the European fan organization Football Supporters Europe (FSE) firmly opposed the Super League. “Whatever comes next, the Super League remains a poorly thought-out project that jeopardizes the future of European football,” the organization wrote on the X platform. There is no place in European football for “a renegade Super League.”

Years-long dispute

This follows a two-and-a-half-year dispute. In 2021, twelve European top clubs once attempted a major revolution. Clubs such as Real Madrid, FC Barcelona, and Juventus Turin announced the establishment of a Super League as competition for the established Champions League. The two German top clubs, Bayern Munich and Borussia Dortmund, refused to participate.

The project failed miserably due to strong opposition from leagues, fans, and politics. The UEFA threatened to exclude all participating teams from competitions, and players involved were not allowed to participate in World and European Championships. Nine teams, including the English clubs, quickly withdrew, and the Super League was off the table for the time being.

However, Real Madrid and Barcelona, in particular, did not give up. The European Superleague Company then filed a lawsuit before a Madrid court, accusing UEFA and FIFA of acting as a cartel by opposing the establishment of the Super League. According to them, the football associations are abusing their dominant position in the market for football competitions. The CJEU has now largely agreed with this.

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Tags: Europe

Ava Harper

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