The European Court of Justice rules FIFA and UEFA blocking of European Super League was unlawful

The European Court of Justice has ruled that FIFA and UEFA contravened EU law in blocking the formation of the European Super League in 2021.

A case was brought against FIFA and UEFA by A22, the backers of the ESL, who claimed the governing bodies had broken competition law to block the prospective league.

The court has now delivered its verdict in favour of the claimant and against FIFA and UEFA.

It adds that “where an undertaking in a dominant position has the power to determine the conditions in which potentially competing undertakings may access the market, that power must, given the risk of conflict of interest to which it gives rise, be subject to criteria which are suitable for ensuring that they are transparent, objective, non discriminatory and proportionate.

“However, the powers of FIFA and UEFA are not subject to any criteria. FIFA and UEFA are, therefore, abusing a dominant position.

“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.”

In a statement, UEFA said:

“UEFA takes note of the judgment delivered today by the ECJ in the European Super League case,” read the statement.

“This ruling does not signify an endorsement or validation of the so-called ‘super league’; it rather underscores a historical 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.”