UEFA and FIFA would have acted in violation of competition law by blocking the creation of a European Super League in 2021, the European Court of Justice has ruled.
Thursday's binding ruling marked the final stage in a legal process initiated by the European Super League Company after clubs taking part in the breakaway plans were threatened with sanctions by the governing bodies.
The announcement of a new super-league featuring the Premier League 'Big Six' and European giants such as Juventus, Real Madrid and Barcelona came in April 2021, but was almost immediately hit by a barrage of overwhelming criticism.
Much of the argument against the league's creation was due to the 'closed' nature of the brand new JPMorgan Chase-backed league, in which the founders would be protected from relegation.
Within 72 hours, nine of the clubs involved in the plans – including all the English clubs that made up the group – had pulled out following an outcry from supporters, the British government, FIFA and UEFA.
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UEFA head Aleksander Ceferin was an outspoken critic of the breakout plans first launched in 2021
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In a stunning first victory for the rebel plans, the Grand Chamber's decision said: 'FIFA and UEFA's rules on the prior approval of inter-club football competitions, such as the Super League, are contrary to EU law.'
In concrete terms, the actions of the administrative bodies were 'contrary to competition law and the freedom to provide services'.
'The rules of FIFA and UEFA which subject any new inter-club football project, such as the Super League, to their prior approval and which prohibit clubs and players from playing in those competitions, are unlawful. “There is no framework for the FIFA and UEFA rules that ensures that they are transparent, objective, non-discriminatory and proportionate,” the summary of the judgment said.
'Similarly, the rules giving FIFA and UEFA exclusive control over the commercial exploitation of the rights relating to these competitions are of such a nature as to restrict competition, given their importance for the media, consumers and television viewers in the European Union.'
In the wake of the verdict, the case now returns to the court in Madrid, where the European Super League Company has applied for the first time for a temporary ban on related FIFA and UEFA sanctions.
The decision is contrary to the opinion given by Advocate General Athanasios Rantos to the Court of Justice in December 2022, which found that European Union competition law was in fact compatible with the restrictions placed on the competition by UEFA and FIFA rebel clubs had imposed.
At the time, UEFA described the AG's advice as “unequivocal” and a “clear rejection” of the attempts of twelve top European clubs in 2021 to form their own competition.
However, Thursday's ruling did not go so far as to recommend against the creation of a similar league.
“(The judgment on EU competition laws) does not mean that a competition such as the Super League project must necessarily be approved,” the court noted.
'The Court, which was asked in general about the rules of FIFA and UEFA, does not make a ruling on that specific project in its judgment.'
After receiving the ruling, UEFA released a statement further emphasizing that the ruling was not an 'approval' of the establishment of the competition.
Fans came out in full force to protest the announcement of the 'closed' league in April 2021
“UEFA takes note of the judgment delivered today by the Court of Justice in the European Super League case,” the statement began.
'This statement does not constitute an endorsement or validation of the so-called 'super league'; rather, it underlines a historic shortcoming within UEFA's pre-authorization framework, a technical aspect already recognized and addressed in June 2022. UEFA is confident in the robustness of its new rules, and in particular that they comply with all relevant European laws and regulations. .
“UEFA remains resolute in its commitment to preserve the European football pyramid and ensure that it continues to serve the wider interests of society. We will continue to shape the European sports model together, together with national associations, leagues, clubs, fans, players, coaches, EU institutions, governments and partners.
“We trust that the solidarity-based European football pyramid, which the fans and all stakeholders have declared their irreplaceable model, will be protected by European and national laws against the threat of breakaways.”
Barcelona – one of three clubs that remained linked to the project – expressed their 'satisfaction' with the ruling in their statement after the ruling.
'As one of the clubs driving the Super League project, FC Barcelona believes that the punishment paves the way for a new top-level football competition in Europe, by opposing the monopoly over the football world, and wants new discussions to set in motion the path this should take. European competitions should take place in the future,” the statement continued.
'Since its founding in 1899, FC Barcelona has always been a pioneering club in the sporting world, leading the way towards more professional structures, both at national and international level, covering both men's and women's competitions, in a variety of sports and from various social problems.
'Therefore, as it has maintained in recent years, the club believes that the sustainability of European football in the medium term entails the need to create a concept along the lines of the Super League proposed by A22 .
'A competition system that will address issues such as match overload and the excessive number of matches between national teams, that will work to regulate financial fair play between participating teams, and that will put local and international players and supporters at the center. This system must respect the functions and sustainability of domestic competitions and must be a meritocracy based primarily on on-field results.
'In a year in which the club celebrates its 125th anniversary, Barça wants to continue to offer its experience and knowledge of different sports to propose solutions to current problems in top sport.
'That is why it expresses its support for the Super League promoted by A22 and encourages a constructive debate between both domestic and international football bodies, which has now been validated by today's judgment by the Court of Justice of the European Union. The foregoing is all subject to a full reading of the sentence.
In February, A22 – the company created to both sponsor and assist the creation of the European Super League – announced a new format alongside the 20 teams, which would consist of several divisions and be led by 10 umbrella principals .
This tournament would be held alongside existing domestic tournaments, and a women's competition is also said to be in the works.
Real Madrid president Florentino Perez is one of the leading figures in favor of the new competition
Florentino Perez, president of Real Madrid and outspoken supporter of a potential European Super League, last month called the plans 'more necessary than ever'.
'The situation is very serious. “Either we react now, otherwise football will not survive,” Perez said.
'The biggest problem is that there are managers who act without thinking about the fans. European football does not belong to the president of UEFA, and Spanish football does not belong to LaLiga.
'The Super League is needed more than ever. The aim is to provide the best football and it is the clubs who must determine their fate.'