Football: the Court of Justice of the European Union rules in favor of the Super League against UEFA

The Court of Justice of the European Union (CJEU) has ruled. This Thursday, the gaze of all members of European football was turned towards Luxembourg, where the Court had to answer a question: by subjecting any tournament in Europe to its authorization, and by providing for sanctions against clubs and players who defy its authority. , is UEFA “abusing its dominant position”? She finally decided that yes, this monopoly is irregular.

“The rules of Fifa and UEFA on the prior authorization of club football competitions, such as the Super League, violate Union law, confirmed the CJEU. In fact, they are contrary to competition law and the freedom to provide services. »

This outcome could open up the possibility for the most powerful clubs, who dream of the very lucrative model of North American closed leagues, to organize their own competition without risking sanction from UEFA. In April 2021, twelve major European players (Real Madrid, FC Barcelona, ​​Atletico Madrid, Manchester United, Manchester City, Chelsea, Arsenal, Tottenham, Liverpool, Juventus, Inter and AC Milan) had given their agreement in principle to launch a closed Super League project.

Faced with public outcry, particularly from English supporters, and especially the threats of heavy sanctions brandished by UEFA and FIFA, the project quickly deflated. To the point that today there are only two mutineers left: Real and Barça associated in a European Super League Company (ESLC). Supported by the marketing agency A22, this entity took the case to the commercial court of the Spanish capital, which in turn referred the matter to the CJEU.

Optimism was, however, required for UEFA since Athanasios Rantos, general advocate of the Court, had estimated in December 2022 that the rules laid down by UEFA were “compatible with competition law” of the European Union. But the rebels’ lawyers, Jean-Louis Dupont and Martin Hissel, at the origin of the Bosman ruling which in 1995 established the freedom of movement of players within the EU, had real hopes of achieving ” a spectacular development. » They finally succeeded.