European Super League: EU’s top court rules FIFA and UEFA acted illegally in blocking breakaway competition

FIFA and UEFA acted illegally in blocking the creation of the European Super League (ESL), the European Union’s top court has ruled.

The court said both bodies were abusing their dominant position in football.

But it added its ruling does not mean that a competition such as the Super League must necessarily be approved.

The court said it “does not rule on that specific project in its judgement”.

The proposed league, involving 12 of Europe’s biggest clubs including six English teams, collapsed shortly after it was announced in April 2021, sparking widespread condemnation.

Manchester United, Liverpool, Arsenal, Tottenham Hotspur, Chelsea and Manchester City were forced to pull out amid a furious backlash from rivals, fans and politicians.

“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 court said in its ruling on Thursday.

“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.

“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.”

A22 Sports Management, the European commercial sports development company behind the project, challenged FIFA and UEFA’s right to block the formation of the ESL and impose sanctions on competing clubs in the courts.

The firm argued football’s international and European governing bodies have an unfair monopoly and market dominance on the running of club competitions.

The European Court of Justice, in Luxembourg, which is effectively the EU’s supreme court, handed down a written ruling today finding for A22.

It ruled that FIFA and UEFA’s rules on the prior approval of interclub competitions are contrary to EU competition law.

The binding ruling will be referred back to the Madrid commercial court, which adjudicates legal corporate disputes, where a Spanish judge ruled teams should not be punished for their involvement in the ESL.

A22 posted on X after the ruling, saying: “We have won the #RightToCompete. The UEFA-monopoly is over. Football is FREE.

“Clubs are now free from the threat of sanction AND free to determine their own futures.”

Spain’s La Liga – the Spanish equivalent of the Premier League – called the Super League “selfish and elitist” after the court ruling.

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