Cyrille de la Morinerie / Photo credits: Fabrice COFFRINI / AFP
End of the game or the start of a real revolution? UEFA’s monopoly in the organization of international competitions could be undermined by the European Court of Justice, called to rule on Thursday the conflict surrounding the Super League project. The outcome of the European procedure could open up the possibility for the most powerful clubs, who dream of the very lucrative model of closed North American leagues, to organize their own competition without risking sanction from UEFA.
A new era in football?
In April 2021, twelve major European players (Real Madrid, FC Barcelona, Atletico Madrid, Manchester United, Manchester City, Chelsea, Arsenal, Tottenham, Liverpool, Juventus, Inter and AC Milan) had given their agreement in principle to launch a closed Super League project.
Faced with public outcry, particularly from English supporters, and especially the threats of heavy sanctions brandished by UEFA and Fifa, the project quickly deflated. To the point that today there are only two mutineers left: Real and Barça associated in a European Super League Company (ESLC). Supported by the marketing agency A22, this entity took the case to the commercial court of the Spanish capital, which in turn referred the matter to the CJEU. Bernd Reichart, the director of this company, is confident, and he promises a new era in football.
Is UEFA “abusing its dominant position”?
“Once the ruling of the European Court of Justice is known, confirming the illegality of UEFA’s monopoly, we will propose a new European competition open to more than 60 clubs, ensuring that they are treated equally and fairly “, the German told the media. The Court sitting in Luxembourg will essentially answer one question: by subjecting any tournament in Europe to its authorization, and by providing for sanctions against clubs and players who defy its authority, is UEFA “abusing its dominant position”?
The opinion of the Court’s Advocate General, Athanasios Rantos, is enough to encourage optimism in the European confederation, since he estimated in December 2022 that the rules laid down by UEFA were “compatible with the law of competition” of the European Union. But if its conclusions are frequently followed, they do not bind the CJEU. And every nuance of the ruling will be important for club football.