Leicester City news from LeicestershireLive as UEFA and FIFA’s right to block new competitions like the European Super League is deemed compatible with EU law according to a new legal opinion
UEFA and FIFA’s right to block new competitions like the European Super League is compatible with EU law, according to a key legal opinion.
The opinion of the Advocate General in the case, Athanasios Santos, was read out on Thursday morning at the European Court of Justice in Luxembourg. Those behind the Super League felt UEFA and FIFA were abusing a dominant position under EU competition law by first blocking the league in April 2021 and then seeking to sanction the clubs involved.
Although this opinion is non-binding ahead of the final ruling next year, it appears to sink any hopes of a Super League operating within European football’s mainstream if it does not have UEFA and FIFA approval. A release from the court stated: “While 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 organized by FIFA and UEFA without the prior authorization of those federations.”
That would effectively mean clubs would be free to break away and join an unapproved Super League, but would not also be able to compete in domestic leagues. UEFA said it “warmly welcomed” the AG opinion which it described as “unequivocal”.
Santos stated in his opinion: “The non-recognition by FIFA and UEFA of an essentially closed competition such as the ESL could be regarded as inherent in the pursuit of certain legitimate objectives, in that the purpose of that non-recognition is to maintain the principles of participation based on sporting results, equal opportunities and solidarity upon which the pyramid structure of European football is founded and to combat dual membership scenarios.”
Should the final ruling mirror the AG’s opinion, it would ward off the threat of a Super League for generations to come, unless those involved are prepared to operate entirely outside the existing framework. The threat of a breakaway by big clubs has been held over UEFA for almost as long as the European Cup and its successor the Champions League have been in existence.
The most recent attempt to form such a league involved 12 of Europe’s top teams in April last year, including the Premier League’s “Big Six” – Manchester United, Liverpool, Manchester City, Chelsea, Arsenal, and Tottenham. The intention was for 15 clubs to be permanent members of the league, free of the threat of relegation, with five clubs invited to join on a seasonal basis. However, UEFA and FIFA refused to approve it and threatened the clubs with sanctions if they entered.
Fans of the Premier League clubs in particular were vocal in their opposition to it, while the British Prime Minister at the time, Boris Johnson, threatened to “drop a legislative bomb” on the clubs involved. In the AG’s opinion, EU competition rules also do not prohibit UEFA, FIFA, national federations, or leagues from issuing threats of sanctions against clubs who participate in a new project.
UEFA and FIFA’s exclusive right to market its competitions was also not a breach of EU competition law, the AG found. “Those restrictions are inherent in and proportionate to the pursuit of the legitimate objectives related to the specific nature of the sport,” the court document stated.
Leicester City expressed their opposition to the proposed Super League plan back in April of last year. They said in a statement: “Leicester City Football Club has joined 13 of its Premier League colleagues in opposition to a European Super League and to reaffirm our commitment to the long-standing and successful structure of domestic football.
“Competitive integrity and merit-based achievement are fundamental principles of the sport which, if compromised, will cause irreparable damage to the game, to the clubs whose legitimate aspirations underpin the entire football pyramid, and to the communities those clubs serve.
“As custodians of our respective clubs, it falls to us to uphold football’s values, the solidarity, and unity that protect the future of the sport, and to ensure its commercial successes help strengthen its foundations throughout the pyramid and into the grassroots game.
“Football clubs exist for their supporters, whose passion and devotion are not simply a response to the game, but a fundamental and indispensable part of it. Their contribution is fed by their right to dream – a right we share a collective responsibility to protect.
“Leicester City is wholly supportive of the Premier League’s position in this matter and enormously encouraged by the way football’s supporters, Government, and regulators have come together to challenge this threat to the game’s future.”
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