Madrid Court Rules Against FIFA and UEFA in Super League Dispute
In a groundbreaking ruling, the commercial court number 17 of Madrid has determined that FIFA and UEFA abused their dominant position in their efforts to hinder the creation of the European Super League. The court, led by Judge Sofía Gil, concluded that the two football governing bodies imposed 'unjustified and disproportionate restrictions' that violate Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). This landmark ruling paves the way for promoters of the Super League to potentially launch a new competition.
This decision comes following a lawsuit filed by the European Super League Company SL (ESLC), the entity behind the Super League project. The court ordered both organizations to cease their anti-competitive behavior immediately and to revoke any measures that enforced this conduct. FIFA and UEFA now have 20 days to appeal the ruling before the Provincial Court of Madrid.
The ruling builds on the framework established by the Superior Court of Justice of the EU (CJEU) in December 2023, which also identified abuse of a dominant position by UEFA and FIFA. Both bodies must now formulate a 'transparent, objective and non-discriminatory' competition authorization system. However, despite the court's support for a prior authorization procedure, the ruling does not give a definitive green light to the Super League.
Bernd Reichart, CEO of A22 Sports Management, hailed the decision as a significant milestone. He stated, 'The era of monopoly is definitively over,' and expressed optimism about collaborating with various clubs to enhance international club football. The ruling is deemed vital by A22 because it satisfies a condition in the initial contract binding 11 out of the original 12 founding clubs of the Super League.
While FIFA and UEFA have yet to officially comment on the ruling, UEFA acknowledged the court's support for a prior authorization procedure but stressed that the judgment does not approve projects like the Super League. Javier Tebas, the president of LaLiga, echoed this sentiment, asserting that the ruling does not validate the Super League.
A significant objection raised by A22 and cited in the court ruling pertains to the 2022 regulations enforced by UEFA, which proponents of the Super League criticize as inadequate. They argue that denying permission from UEFA, which must be appealed to the Court of Arbitration for Sport (CAS), undermines the impartiality of the process. The ruling thus opens avenues for the Super League to contest these regulations further.
- The idea for the European Super League surfaced in April 2021, aiming to create an elite competition among Europe's top football clubs. Initially, it had the support of 12 teams, including major names like Real Madrid, FC Barcelona, Manchester United, and Juventus.
- The project faced immediate and substantial backlash from fans, football associations, and other clubs. FIFA and UEFA threatened participating clubs with severe sanctions, including bans from other competitions and preventing players from representing their national teams.
- After the CJEU's December 2023 ruling, the Super League project saw a revival, benefiting from the EU court's critique of UEFA's monopolistic practices. However, UEFA claims to have revised its regulations in June 2022 to ensure transparency and non-discrimination in authorizing new competitions.
