The European Court of Justice has declared that the Uefa and Fifa regulations prohibiting clubs from participating in breakaway competitions, such as the European Super League (ESL), are illegal.
The ESL and its supporters, including A22, had argued that Uefa and Fifa were violating competition laws by threatening sanctions against clubs and players involved in the breakaway league. Thursday’s ruling from Europe’s highest court went against the governing bodies.
A December report from the ECJ initially stated that football’s European and world governing bodies’ rules were in line with EU competition law. However, this verdict is perceived as a setback for Uefa and Fifa in terms of their authority in governing the sport. The report emphasized that when new competitions are potentially entering the market, Fifa and Uefa must ensure that their powers are transparent, objective, non-discriminatory, and proportionate.
The report noted, “However, the powers of Fifa and Uefa are not subject to any such criteria. Fifa and Uefa are, therefore, abusing a dominant position. Moreover, given their arbitrary nature, their rules on approval, control and sanctions must be held to be unjustified restrictions on the freedom to provide services. That does not mean that a competition such as the Super League project must necessarily be approved. The Court does not rule on that specific project in its judgment.”
The ESL controversy erupted in April 2021 when news surfaced that 12 teams, including English clubs Arsenal, Chelsea, Liverpool, Manchester City, Manchester United, and Tottenham, had joined the breakaway competition.
The plans collapsed within 72 hours due to widespread opposition from fans, other European leagues, and even governments. Uefa fined the six Premier League clubs plus Atletico Madrid, Inter Milan, and AC Milan, but legal action against Real Madrid, Barcelona, and Juventus was paused. Despite this, Real Madrid and Barcelona have indicated their continued interest in pursuing the ESL venture.
