Super League-UEFA, hot Thursday for European football

UEFA’s monopoly in the organization of international competitions could be undermined by the European Court of Justice, called to rule on Thursday the conflict surrounding the Super League project.

UEFA’s monopoly in the organization of international competitions could be undermined by the European Court of Justice, called to rule on Thursday the conflict surrounding the Super League project.

The outcome of the European procedure could open up the possibility for the most powerful clubs, who dream of the very lucrative model of closed North American 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.

The Court sitting in Luxembourg will essentially answer one question: by subjecting any tournament in Europe to its authorization, and by providing for sanctions against clubs and players who defy its authority, UEFA “is she abusing her dominant position» ?

The opinion of the Court’s Advocate General, Athanasios Rantos, is enough to encourage optimism in the European confederation, since he estimated in December 2022 that the rules laid down by UEFA were “compatible with competition law” of the European Union.

But if its conclusions are frequently followed, they do not bind the CJEU. And every nuance of the ruling will be important for club football.

The rebels are defended by the Dupont-Hissel law firm, at the origin of the famous Bosman ruling which in 1995 established the freedom of movement of players within the EU and blew up the “nationality quotas».

The consulting firm has real hopes on this new explosive subject: in the absence of a “revolution“, at least “a spectacular development».

28 years after the Bosman ruling

The CJEU will have to say whether UEFA’s anti-rebellious measures pursue “legitimate objectives” and are “proportionate».

The first question poses few difficulties, since the European treaties explicitly protect the “sporty model» continental, based on a promotion-relegation system and a partial redistribution of revenue to finance grassroots sport.

But it will remain to be determined which measures appear “proportionate» to protect this model: financial sanctions against mutinous clubs? Retaliation against their players to the point of excluding them from international competitions, as Fifa and UEFA had considered in April 2021, a sanction deemed excessive last year by Advocate General Rantos?

For Real and Barça, the matter is clear. By threatening heavy sanctions against players and clubs who took part in this Super League, UEFA, like FIFA, are judges and parties and have abused their monopoly situation. What European treaties prohibit.

So, more independence for clubs or status quo? The future of European football is partly being decided this Thursday at the end of 17 months of proceedings and 28 years almost to the day after the Bosman ruling.

Same sport, same jurisdiction, same lawyer: the parallels between the two cases are obvious.

But where the Bosman ruling had only modified the transfer market, the Super League file – codenamed C-333/21 – affects the entire football production chain.