ECJ ruling: UEFA loses in dispute over Super League

As of: December 21, 2023 12:37 p.m

The European Court of Justice has backed the plan for a Super League with a ruling: Large football associations such as UEFA are not allowed to make other competitions dependent on their own approval.

In the dispute over the establishment of a Super League, the European Football Union (UEFA) suffered a defeat before the highest European court. The ECJ ruled that the major football associations FIFA and UEFA may not make other competitions dependent on their approval and may not prohibit clubs and players from taking part in these competitions.

However, that does not necessarily mean that the Super League has to be approved, according to the judges.

ECJ sees abuse more dominant position

There is no framework for the associations’ rules that ensures that the requirements are transparent, objective, non-discriminatory and proportionate. The rules that give FIFA and UEFA exclusive control over the commercial exploitation of competition rights would also restrict competition in the EU, the ruling said. FIFA and UEFA would abuse their dominant market position.

The initiators of the Super League immediately celebrated the verdict as a great victory. “The UEFA monopoly is over,” said former RTL manager Bernd Reichart, who represents the project for the A22 agency.

The agency immediately concretized its plans for the Super League project. One of the key points of the new competitions is that fans can follow all games “live and free of charge via a new digital streaming platform,” it said in a statement. According to the announcement, men’s football involves a three-tier league system with 64 clubs. There should be no permanent members, it said. For women, a total of 32 clubs will play in two leagues.

UEFA does not see the European football model at risk

UEFA accepted the verdict calmly. The ECJ’s decision does not mean an “endorsement or confirmation of the so-called Super League,” said the umbrella organization. Newly introduced rules would address the deficiencies listed by the court.

UEFA is confident that these new requirements for admission to competitions “comply with all relevant European laws and regulations”. The association continues to support the so-called football pyramid, which is based on national leagues in which clubs can qualify for international competitions.

“We will continue to shape the European sports model together with national associations, leagues, clubs, fans, players, coaches, EU institutions, governments and partners,” UEFA said. She trusts that the current football model in Europe will be protected from dangers by European and national laws.

The DFL and the fan organization also reject the Super League

The German Football League (DFL) also follows the European sports model. The DFL said it rejected “competitions outside of those organized by the associations and leagues”. The verdict was understandable and to be expected. “The legality of the Super League is a separate issue,” it continued.

The European fan organization Football Supporters Europe (FSE) once again positioned itself clearly against a Super League. “Whatever comes next, the Super League remains an ill-conceived project that endangers the future of European football,” the organization wrote on Platform X. There is no place in European football for “a breakaway Super League.”

Years of strife

This was preceded by a two and a half year long dispute. In 2021, twelve top European clubs had already rehearsed the big revolution. The clubs around Real Madrid, FC Barcelona and Juventus Turin announced that they would establish a Super League as competition for the established Champions League. The two top German clubs Bayern Munich and Borussia Dortmund refused to take part.

The project failed resoundingly because of the outcry from leagues, fans and politicians. UEFA threatened to be excluded from all competitions and the players involved should no longer be allowed to take part in World and European Championships. Nine teams, including the English, quickly withdrew and the Super League was off the table for the time being.

But Real and Barcelona in particular didn’t let up. The European Superleague Company then sued a Madrid court: It accused UEFA and FIFA of acting as a cartel because they opposed the creation of the Super League. The football associations are therefore abusing their dominant position on the market for football competitions. The ECJ largely followed this.

Klaus Hempel, SWR, tagesschau, December 21, 2023 11:52 a.m

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