Plans for a European Super League were announced in April 2021, but met with widespread criticism; Grand Chamber of European Court of Justice said on Thursday FIFA and UEFA blocking ESL is 'contrary to EU law'
Thursday 21 December 2023 13:56, UK
Organisers behind the failed European Super League have launched a new proposal after judges said UEFA rules blocking the formation of such a competition were contrary to EU law.
The Grand Chamber of the European Court of Justice had been asked to decide whether UEFA and FIFA acted against competition law by blocking the formation of the European Super League in 2021 and then seeking to sanction the clubs involved.
The court has now ruled that UEFA and FIFA rules granting prior approval for new competitions are contrary to EU law, but added that the competition may still not be approved.
A release issued by the court said such rules were "contrary to competition law and the freedom to provide services".
A non-binding decision delivered by the Advocate General in the case last December found rules allowing UEFA to have prior approval of new competitions were compatible with EU law.
The original 2021 Super League proposal was criticised for its 'closed' format, with 15 founder clubs set to have been immune from relegation.
Following the ruling, A22 - a company formed to assist in the creation of the European Super League - released details of its latest concept which includes men's and women's midweek competitions with promotion and relegation. It said:
There are many obstacles in A22's path even if the judgement suggests it does have the right to pitch a new competition to UEFA that can operate under UEFA's auspices, and for UEFA to give that competition full and fair consideration.
These include the will of clubs, existing agreements between the European Club Association and UEFA, and the fact that the existence of a joint venture between ECA and UEFA on commercial matters at the very least challenges A22's assertions about a monopoly.
In England, clubs are set to be forbidden from joining unapproved competitions as a licensing condition to be set by the English game's new independent regulator, while the Premier League's Owners' Charter agreed in 2022 also contains undertakings not to "engage in the creation of new competition formats outside of the Premier League's rules".
Supporters in England took to the streets despite coronavirus restrictions when the initial Super League plans became known, and played a key part in its collapse.
The Grand Chamber judgement's interpretation of EU law will be passed back to a Madrid commercial court to make a decision, after the Spanish jurisdiction made the referral in 2021.
That court also placed an injunction on sanctions UEFA imposed on the nine clubs who joined Super League but who later withdrew. It remains to be seen whether UEFA will press on with those sanctions, and potentially investigate more serious charges against Real Madrid and Barcelona.
Sky Sports News' chief reporter Kaveh Solhekol:
"Two-and-a-half years ago, 12 of the biggest clubs in Europe tried to set up a European Super League and, straight away, they felt the full force of UEFA's rules. UEFA came out and said they were not allowed to set up this league and if they did, they would punish the players and the clubs as well. Pretty quickly - and you have to factor in the effect the fans had - the clubs started melting away and within two or three days, the whole project had collapsed.
"Three clubs - Juventus, Barcelona and Real Madrid - kept fighting for the right to be able to set up a European Super League. Juventus dropped out earlier this year, which left Real Madrid and Barcelona. They set up a company called A22 Sports to carry on promoting the Super League project - and they also went to the courts.
"What they tried to do is prove that what UEFA and FIFA are doing is contrary to EU law, which says there should be free competition and free trade; there has to be a level playing field for everybody who wants to set up a business. What we've had for the past 70 years in Europe is that if you want to set up a European competition, it has to be done through UEFA.
"UEFA is in this strange position where they are the governing body of European football, but they are also a competition organiser and they make money from these competitions. What these European Super League company was doing by going to the European Court of Justice was saying 'what UEFA is doing is anti-competitive, it is breaking EU laws and you must stop this'.
"Today, the 15 judges in the European Court of Justice's Grand Chamber in Luxembourg came back in their verdict - and they were very strong in what they said. They said FIFA and UEFA's rules on prior approval of new competitions are contrary to EU law and that rules stopping clubs and players playing in new competitions are unlawful. They also said the existing rules give FIFA and UEFA exclusive control and restrict competition and that FIFA and UEFA are abusing a dominant position.
"A very significant verdict from Luxembourg this morning, which could have huge ramifications for the future of football in Europe."
A European Super League is a total non-runner without the involvement of English clubs and it would be impossible for them to join as things stand.
Page one of the Premier League handbook has the revised owners' charter which states clearly:
"We are collectively committed to the Premier League and recognise our responsibility to support it. We will not engage in the creation of new competitive formats outside the Premier League's rules".
The UK government also wants to set up an independent football regulator which will ban clubs from joining breakaway leagues.
Manchester United released a statement on Thursday lunchtime reiterating their commitment to UEFA competitions: "Our position has not changed. 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."
Following the earlier ECJ ruling, A22 CEO Bernd Reichart posted on X, formerly known as Twitter: "We have won the #RightToCompete. The UEFA-monopoly is over. Football is FREE. Clubs are now free from the threat of sanction AND free to determine their own futures.
"For fans: We propose free viewing of all Super League matches.
"For clubs: Revenues and solidarity spending will be guaranteed."
In their response, UEFA said the 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".
The statement continued: "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."
FIFA responded: "FIFA will now analyse the decision in coordination with UEFA, the other confederations and the member associations before commenting further.
"In line with its statutes, FIFA firmly believes in the specific nature of sport, including the pyramid structure - which is underpinned by sporting merit - and the principles of competitive balance and financial solidarity.
"Football owes its long and successful history to the above-mentioned principles, which FIFA, the confederations and the member associations will continue to promote in the future, in the interest of all football fans worldwide."
However, the PFA warned this judgement should be a wake-up call for UEFA and FIFA. "The importance of this morning's ruling isn't about proposals for new competitions or any 'European Super League', but, more widely, what it says about the powers and authority of FIFA and UEFA.
"With too many major reforms in the game, including those related to the fixture calendar, they have felt able to push forward without proper engagement or consultation, and often despite concern or opposition from leagues, clubs, players and their unions.
"This should act as a wake up call and, we hope, a signal that this approach now has to change."
Meanwhile, Barcelona said they "wish to express satisfaction" with the ruling.
Speaking in a televised statement, club president Joan Laporta said: "We believe that the time has come from clubs, and even more so for those that owned by their members, such as Barcelona, to have greater control over their destiny, over their future and over their own sustainability.
"First of all, I want to make it very clear that Barca's position on the matter of a new European league format is not intended to go against the Spanish league or against the national leagues in general. On the contrary, with a new, improved European competition and more resources for the clubs, the national league will become more balanced and competitive.
"What we want and what we will work towards achieving is to establish an open, constructive dialogue with the aim of generating positive and productive relationships between all parties.
"We believe that as of this moment, an historic opportunity is open to try to show some of the serious problem that currently jeopardise the future of the viability of the vast majority of clubs.
"In keeping with this idea, Barcelona try to promote innovative methods to try and improve European competitions in an open and fully meritocratic format, making football more sustainable for the clubs themselves, much more supportive of amateur football , more attractive and even more affordable for fans around the world.
"This proposal, I insist, aims to improve European football as a whole, both men's and women's."
Laporta's opposite number in the chase for the ESL - Real Madrid president Florentino Perez - also added in a statement: "At Real Madrid, we welcome the decision taken by the Court of Justice of the European Union, which is responsible for guaranteeing our principles, values and freedoms.
"In the coming days we will study the scope of this resolution in detail, but I do anticipate two conclusions of great historical significance.
"Firstly, that European club football is not and will never again be a monopoly. And secondly, that from today the clubs will be the masters of their destiny.
"We, the clubs, see our right to propose and promote European competitions that modernise our sport and attract fans from all over the world fully recognised. In short, today the Europe of freedoms has triumphed again and today so have football and its fans.
"In the face of the pressures we have been under for more than two years, law, reason and freedom prevail today. And that's why Real Madrid will continue to work for the good of football."
Bayern Munich took a similar stance to Manchester United, saying: "This does not change the attitude of Bayern and the attitude of the ECA that such a competition would be an attack on the importance of the national leagues as well as the statics of European football. The Bundesliga forms the foundation of Bayern, just as all national leagues are the foundation of European football clubs. Therefore, it is our duty and our deep conviction to strengthen them, not to weaken them. We are also under the umbrella of UEFA for the European club competitions. Therefore, once again very clear: The door for the Super League at Bayern remains closed."
Atletico Madrid followed up: "Atletico Madrid would like to express the following:
"1. The resolution regarding the framework for prior authorisation of other competitions refers to outdated UEFA statutes that were already amended in June 2022.
"2. The European Club Association (ECA) and UEFA have established a partnership that renders the consideration of UEFA as a monopoly meaningless. Through agreements within this joint venture, clubs decide 50 per cent on the sale of sponsorship and television rights, revenue distribution, and competition formats.
"3. The European football community does not support the European Super League. Germany, France, England, Italy, Spain (except for Real Madrid and Barcelona), etc. oppose the Super League. We advocate for protecting the broader European football family, preserving domestic leagues, and securing qualification for European competitions through on-field performance each season."
