The EU’s highest governing body points out that UEFA and FIFA are abusing “dominant position” in its action against the creation of the controversial football super league by threatening the dozens of clubs involved in the project with sanctions.
The decision of the Grand Chamber, which answers the preliminary questions from Commercial Court No. 17 of Madrid and which is not subject to appeal, contradicts the opinion of the Attorney General assigned to the case, who when he was published its non-binding conclusions argued that UEFA and FIFA acted in accordance with the law.
However, the Luxembourg court found on Thursday that UEFA and FIFA abused their ‘dominant position’.
‘The rules of the International Football Federation (FIFA) and the Union of European Football Associations (UEFA) which makes any project for a new club football competition, such as the Super League, subject to prior approval, and which prohibits clubs and players from participating, under penalty of sanctions, is illegal,” the ruling states.
This is due to the fact that “the powers of FIFA and UEFA are not subject to criteria guaranteeing their transparent, objective, non-discriminatory and proportionate nature.”
The ruling adds that “the rules granting FIFA and UEFA exclusive control over the commercial exploitation of the rights derived from these competitions may restrict competition, taking into account the importance that the latter have for the media, consumers and television viewers.
“But a competition like the Super League project There doesn’t necessarily have to be permission for this. “After questions of a general nature were raised about the rules of FIFA and UEFA, the Court of Justice’s ruling does not rule on this specific project,” the court said.
With its ruling, the CJEU answers the questions posed by the aforementioned Madrid court to which the companies formally representing the Super League – European Super League Company (ESLC) and promoted by the company A22 Sports Management – in April 2021 had asked for protection. in light of the threat of sanctions from UEFA and FIFA.
These penalties would have affected the twelve clubs – and their players – who participated in the project and who subsequently supported the project in Spain (Real Madrid, FC Barcelona and Atletico de Madrid), England (Liverpool, Manchester City, Manchester United, Tottenham, Chelsea and Arsenal) and Italy (Juventus, Inter and AC Milan).
But since the announcement of the creation of the Super League was strongly criticized not only by UEFA and FIFA, but also by national federations and leagues, several governments and the European Commission, ten of those clubs abandoned the project, so that at least Until Thursday’s ruling, only Real Madrid and FC Barcelona continue to defend the creation of the Super League.
The Madrid court granted the Super League very precautionary measures to protect them from these sanctions – which were subsequently withdrawn and subsequently re-applied – and asked the European legal system to clarify its interpretation of Community law.
The CJEU considers that “the organization of club football competitions and the exploitation of broadcasting rights clearly economic activities. Consequently, these activities must respect the rules on competition and freedom of movement.”
This concept must prevail despite the fact that “sport, as an economic activity, presents certain specific features, such as the existence of associations with regulatory, supervisory and sanctioning powers.”
“The Court of Justice also notes that FIFA and UEFA not only have these powers, but also organize football competitions themselves,” it added.
Source: El heraldo
I’m George Gonzalez, a professional journalist and author at The Nation View. With more than 5 years of experience in the field, I specialize in covering sports news for various print media outlets. My passion for writing has enabled me to craft stories that capture the attention of readers all over the world.
