THE European Court of Justice has declared that FIFA and UEFA rules banning clubs from joining breakaway competitions like the European Super League are unlawful.
The ruling was made today after the ESL took the governing bodies to court following the blocking of the competition and the sanctioning of clubs involved.
It had been claimed by the ESL and its backers, A22, that FIFA and UEFA were breaking competition law by threatening to sanction clubs and players who joined the breakaway league.
A ruling today from Europe’s highest court found against the governing bodies.
The report said that when new competitions are ‘potentially entering the market’ FIFA and UEFA must ensure their powers are ‘transparent, objective, non-discriminatory and proportionate’.
“However, the powers of FIFA and UEFA are not subject to any such criteria. FIFA and UEFA are, therefore, abusing a dominant position,” the report added.
“Moreover, given their arbitrary nature, their rules on approval, control and sanctions must be held to be unjustified restrictions on the freedom to provide services.
“That does not mean that a competition such as the Super League project must necessarily be approved. The Court does not rule on that specific project in its judgment.”
The European Super League saga began in April 2021 when news broke that 12 teams — Real Madrid, Barcelona, Atletico Madrid, AC Milan, Inter Milan, Juventus, Arsenal, Chelsea, Liverpool, Manchester City, Manchester United and Tottenham — had signed up to the breakaway competition.
There was widespread anger and condemnation from fans, other European leagues and even government, leading to the collapse of the plans within 72 hours.
The six Premier League clubs as well as Atletico Madrid, Inter Milan and AC Milan were fined by UEFA, but action against Real Madrid, Barcelona and Juventus was halted during the legal process, although Juventus signalled their intention to quit the project in July.
The ESL has not been scrapped completely, however, with Real Madrid and Barcelona still insisting on carrying on.
