Waiting for the final decision of the Court of Justice of the European Union on the possible monopoly of the Uefa in the organization of European football, the Provincial Court of Madrid upheld the appeal against the Mercantile Court and rejected UEFA’s opposition, issuing a sensationally favorable sentence Super League. In the device, accessed by the Spanish sports newspaper Asreads: “Fifa and UEFA cannot justify their anti-competitive behavior as if they were the only custodians of certain European values, especially if this is to serve as an excuse to support a monopoly from which they can exclude or hinder the initiative of one that aspires to be its competitor, the Super League“.
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The Court of Madrid: “Fifa and UEFA abuse a dominant position”
The three magistrates making up the panel that issued the sentence then add: “What is perceived is an action that has all the characteristics of an unjustifiable abuse by someone holding a dominant position. We cannot assume in this precautionary procedure that the profit distribution mechanism used by the Fifa and by UEFA, which is not controlled by an independent public regulator, necessarily constitutes the best possible solution for the general interests of sport.”
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“No sanctions for the clubs promoting the project”
More: the sentence of the Madrid court orders FIFA and Uefa to “refrain from adopting any measure or action against the Superlega and even from issuing any statement to the contrary during the preliminary investigation of the main proceedings, which prevents or hinders, directly or indirectly , the preparation or development of the Super League”. And it forbids “announcing or threatening any disciplinary or sanctioning measures against the clubs, managers and players of the clubs participating in the preparation of the Superleague”.
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The opposite opinion of the EU Advocate General
A ruling that goes in the diametrically opposite direction to the opinion expressed last December by the advocate general of the European Union, Athanasios Rantos, according to which instead Fifa and UEFA do not violate the rules on monopoly. The rules of the two entities, which subject any new competition to prior authorization, are compatible with EU competition law for Rantos, as they are restrictions justified by legitimate purposes, i.e. the guarantee that third parties are not unduly denied access to the market to the point of distorting competition on that market”. The final sentence of the EU Court of Justice will probably arrive in March.
Superlega, the EU advocate general: “Fifa and UEFA do not violate the rules on monopoly”. The reply: “They can’t deny third-party tournaments”
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UEFA: “The decision of the Court of Justice of the European Union counts”
UEFA, with regard to today’s ruling by the Provincial Court of Madrid, underlines that “this decision recognizes the primary importance of the proceedings pending before the Court of Justice of the European Union (CJEU), in Luxembourg. The main proceedings before the General Court Madrid commercial is currently suspended pending the decision of the CJEU – they recall from Nyon – Following the unequivocal opinion of the Advocate General of the CJEU in support of UEFA’s central mission to lead European football, UEFA now awaits the ruling of the CJEU , which will then be notified to the commercial court of Madrid so that it can be applied in the main proceedings”.
