European Court of Justice has ruled that UEFA and FIFA had created an “unlawful” block on European Super League.
European Super League (ESL) project was announced in April 2021 with Arsenal, Chelsea, Liverpool, Manchester City, Manchester United and Tottenham Hotspur amongst six founding clubs, only for the six English clubs to withdraw 48 hours later due to fan and government pressure.
Atletico Madrid, Inter Milan and AC Milan quickly followed suit less than 24 hours after the English clubs had withdrawn from the competition.
Legal issues however continued to surround the ESL and the European Court of Justice (ECJ) in an opinion report in December 2022 deemed UEFA and FIFA’s rules “compatible” with EU competition laws, although a full report was meant to be released last Spring but had been delayed until now.
UEFA meanwhile had suspended disciplinary proceedings against the 12 rebel clubs, including Real Madrid, Barcelona and Juventus who remained committed to the ESL project.
Rules surrounding creation of new competitions were however adjudged to not be “transparent, objective, non-discriminatory and proportionate”, and consequently declared “unlawful” by the ECJ.
The ECJ proceeded to iterate that this ruling doesn’t mean that any new competition “must necessarily be approved” by UEFA and FIFA.
UEFA released the following statement in response to the ECJ’s ruling.
‘UEFA takes note of the judgment delivered today by the ECJ in the European Super League case.
‘This ruling does not signify an endorsement or validation of the so-called ‘super league’; it rather underscores a pre-existing shortfall within UEFA’s pre-authorisation framework, a technical aspect that has already been acknowledged and addressed in June 2022. UEFA is confident in the robustness of its new rules, and specifically that they comply with all relevant European laws and regulations.
‘UEFA remains resolute in its commitment to uphold the European football pyramid, ensuring that it continues to serve the broader interests of society. We will continue to shape the European sports model collectively with national associations, leagues, clubs, fans, players, coaches, EU institutions, governments and partners alike.
‘We trust that the solidarity-based European football pyramid that the fans and all stakeholders have declared as their irreplaceable model will be safeguarded against the threat of breakaways by European and national laws.’
Premier League officials described the ruling as “significant” and not an endorsing of the ESL which England’s top-flight will continue to snub, with supporters considered to be ‘of vital importance to the game’ following their anger at the initial announcement.
Officials procceded to speak of the importance of domestic football in a statement.
“The Premier League reiterates its commitment to the clear principles of open competition that underpin the success of domestic and international club competitions.
“Football thrives on the competitiveness created by promotion and relegation, the annual merit-based qualification from domestic leagues and cups to international club competitions and the longstanding rivalries and rituals that come with weekends being reserved for domestic football.
“These principles are enshrined in the Premier League Owners’ Charter, introduced in June 2022, which aims to improve the collective strength and competitiveness of the League in the best interests of the wider game.
“Since 2021, the Premier League, alongside other football bodies, has also strengthened its rules and governance in this area.
“The Premier League will continue to engage in an open and constructive dialogue, with all relevant football stakeholders, on how best to protect and enhance the complementary balance of domestic and international club football.”
Man Utd iterated that their position concerning a potential re-joining of the ESL “has not changd.”
Utd went on to further clarify their stance with the following statement: “We remain fully committed to participation in UEFA competitions, and to positive cooperation with UEFA, the Premier League, and fellow clubs through the ECA on the continued development of the European game.”
Atletico meanwhile ruled out their own involvement moving forward with a statement iterating that it is ‘meaningless’ to consider ‘UEFA as a monopoly, since the clubs, by virtue of the agreements entered into within this joint venture,’ with equal say in sponsorship, TV rights and revenue split.
Atletico proceded to iterate that European football disapproves of the ESL except for Real Madrid and Barcelona, instead ‘in favour of protecting the great family of European football, of protecting the domestic leagues and of them achieving qualification for European competitions on the pitch every season.’
Sevilla who weren’t involved amongst founding clubs meanwhile urged clubs to earn their place amongst footballing giants on the pitch in a simple post on X.
#EarnItOnThePitch! pic.twitter.com/g1v1lcpDuS
— Sevilla FC (@SevillaFC_ENG) December 21, 2023
In the mean-time, the ESL had evolved plans for the competition which involved removal of the relegation immunity for 12 founding clubs, and expanded to an open competition format involving 60-80 clubs on pure sporting merit with promotion and relegation.
The case now has been refereed back to a Madrid commerical court, from which the Spanish jurisdiction previously made the referral in May 2021, in concern to Articles 101 and 102 of Treaty on the Functioning of the European Union (TFEU).
Premier League clubs however are extremely unlikely to be involved in the ESL after club owners signed a charter in June 2022, which banned clubs from engaging in any attempt to create new competition outside of the Premier League rules after initial action was taken a year earlier.
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