European Super League project dealt major blow by key legal opinion

UEFA and FIFA’s rules allowing them to block new competitions, as they did with the Super League when it launched in April last year, was deemed to be lawful in an initial, non-binding opinion issued by the European Court of Justice (ECJ).

The issuing of the threat of sanctions to clubs seeking to participate in unapproved leagues was also deemed compatible with EU law by the Advocate General (AG) in the case.

UEFA warmly welcomed the opinion, which it described as “unequivocal”, while the European Club Association said it was a “clear rejection” of the efforts made last year by 12 of the continent’s top clubs to form a new league.

The clubs announced themselves as founder members of a new Super League late on April 18 last year, with the stated intention being for 15 clubs to be permanent members of the league, with five extra clubs invited on a seasonal basis.

However, within 72 hours nine of them had withdrawn, including all of the Premier League’s ‘Big Six’, amid opposition from UEFA and FIFA and outrage from supporters.

Those backing the Super League took the matter to court in Spain initially, with a Madrid commercial court asking the ECJ to rule on whether UEFA and FIFA abused a dominant position by blocking the league and seeking to sanction the clubs.

The opinion of AG Athanasios Rantos is non-binding, pending the final ruling from the court expected next year, but if the final ruling mirrors this opinion it appears to rule out the possibility of a league even vaguely similar to the one proposed last year ever operating within the European football mainstream.

“Whilst ESLC (European Super League Company) is free to set up its own independent football competition outside the UEFA and FIFA ecosystem, it cannot however, in parallel with the creation of such a competition, continue to participate in the football competitions organised by FIFA and UEFA without the prior authorisation of those federations,” the court stated.

If this opinion is endorsed by the court judges, then any clubs would have to be prepared to break away completely from the existing football framework, which would mean their players being unable to participate in World Cups and other national team competitions.

Rantos found the non-recognition by FIFA and UEFA of an “essentially closed competition” such as the ESL could be regarded as “inherent” in pursuing legitimate objectives such as participation based on sporting results, equal opportunities and solidarity.

It is understood UEFA will await the final ruling of the court before it considers a renewed effort to sanction the clubs involved in the Super League.

A22, a company formed to sponsor and assist with the creation of a European Super League, tweeted to highlight Rantos had stated UEFA had a “special responsibility” to ensure third-party organisers were not “unduly denied access to the market”.

However, any new league proposed would appear to need to be entirely open based on Rantos’ opinion.

The nine clubs who withdrew from the Super League have all now returned to the ECA, but Barcelona, Juventus and Real Madrid remain publicly committed to the Super League.