By Andrew Warshaw
December 15 – Those still backing the seemingly doomed European Super League have been dealt a hammer blow after the European Court of Justice’s (ECJ) key adviser today ruled against them – a landmark decision for the future of European football.
UEFA were taken to the ECJ in July after the remaining rebel Super League clubs accused it of abusing its power to block rival events and penalise players and clubs.
But the eagerly awaited opinion by the ECJ’s advocate general said FIFA and UEFA’s power to block teams from joining breakaway leagues is compatible with EU competition law.
In the court’s most anticipated sports decision since the Bosman Ruling in 1995, Athanasios Rantos backed UEFA rather than Real Madrid, Barcelona and Juventus who had accused the governing body of running a monopoly and creating a cartel.
Although a final ruling will not be made until next spring and Rantos’ advice is non-binding, his stance represents a major victory for UEFA in terms of preserving the status quo and appears to crush any hopes rebel clubs might have in creating a breakaway competition.
“The Fifa-Uefa rules under which any new competition is subject to prior approval are compatible with EU competition law,” Rantos told the ECJ in Luxembourg.
A further press release from the ECJ said that “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 organised by FIFA and UEFA without the prior authorisation of those federations.”
A 50-page document is being released later today outlining the reasons in greater detail but UEFA was quick to “warmly welcome” the advocate general’s opinion while the European Clubs Association, which represents over 200 clubs, also declared it a victory.
A UEFA statement said: “UEFA welcomes today’s unequivocal opinion of Advocate General Rantos, which is an encouraging step towards preserving the existing dynamic and democratic governance structure of the European football pyramid.
“The opinion reinforces the central role of federations in protecting the sport, upholding fundamental principles of sporting merit and open access across our members, as well as uniting football with shared responsibility and solidarity.”
It added: “Football in Europe remains united and steadfastly opposed to the ESL, or any such breakaway proposals, which would threaten the entire European sports ecosystem.”
The European Super League collapsed in less than 48 hours last year following a fierce backlash from a multitude of stakeholders that forced almost all the original participants to pull out.
A22, a Madrid-based company that worked with the original 12 breakaway clubs, has spent months trying to resurrect the Super League plan, even saying it was prepared to ditch the original idea of a closed competition that had prompted widespread fury.
But Europe’s top clubs and leagues joined UEFA in hailing today’s hugely significant development that will privately be a huge relief for UEFA in maintaining the Champions League which is due to undergo a major upgrade post-2024.
“The Opinion issued today by the ECJ’s Advocate General Rantos proposes a clear rejection of the efforts of a few to undermine the foundations and historical heritage of European football for the many,” said the ECA.
“As the body representing nearly 250 of Europe’s top football clubs, ECA is explicit in its strong opposition towards those self-interested few seeking to disrupt European club football and undermine the values that underpin it. The Opinion published today by Advocate General Rantos reinforces ECA’s long-standing opposition to the European Super League and any breakaway project.”
“A great amount of positive reform and progress has been achieved by ECA working in collaborative partnership with UEFA in recent years for the benefit of the entire European football ecosystem. ECA now awaits the final ruling by the Court and in the meantime will continue to pursue the best interests of all of our members – the clubs who make European club football the best in the world.”
In their own statement, The European Leagues – the umbrella body for domestic leagues across the continent – said the latest move “protects the fundamental principles of the sport pyramid model such as the openness of competitions and the qualification for international competitions via domestic leagues’ annual sporting merits.”
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