“The FIFA and UEFA rules on prior approval of interclub football competitions, such as the Super League, are contrary to EU law,” the Court of Justice of the European Union has ruled.
FIFA and UEFA may not subject “any new interclub football project” to their prior approval or prohibit clubs and players from taking part in any such competition because no “framework” exists to ensure that FIFA and UEFA’s rules would be “transparent, objective, non-discriminatory and proportionate.” Their control over the European Super League (ESL) would, therefore, amount to abuse of a “dominant position.” And the “arbitrary nature” of their rules would place “unjustified restrictions on the freedom to provide services.”
Moreover, the court “observes that the FIFA and UEFA rules relating to the exploitation of media rights are such as to be harmful European football clubs, all companies operating in media markets and, ultimately, consumers and television viewers, by preventing them from enjoying new and potentially innovative or interesting competitions,” but leaves resolution of this aspect of the matter to the Commercial Court of Madrid. This is the court where the ESL filed its original suit and that later referred the matter to the EU Court of Justice.
The ESL was proposed in 2021, and as many as 64 men’s and 32 women’s teams have, at some point, formed part of it. It now operates as the European Superleague Company (headquartered in Spain) and consists of 12 clubs: Club Atlético de Madrid, FC Barcelona, Real Madrid, Associazione Calcio Milan, FC Internazionale Milano, Juventus, Arsenal FC, Chelsea FC, Liverpool FC, Manchester City FC, Manchester United FC and Tottenham Hotspur FC.
