European Super League project gets huge boost
Uefa has been found to be “abusing a dominant position” in the way it applies its rules, leaving the potential for a revival of the European Super League project. In a long-awaited ruling by the European court of justice, Uefa and football’s international governing body, Fifa, were found to have rules relating to the establishment of new competitions that were not “transparent, objective, non-discriminatory and proportionate”.
These rules have been declared “unlawful” by the court. The judgment also found, however, that its decision “does not mean that a competition such as the Super League project must necessarily be approved”.
Manchester United, Atlético Madrid and Bayern Munich – the first two of whom had been part of the original Super League plan – expressed support for Uefa on Thursday, as did the Premier League, France’s Ligue 1 and the German Football League, which is in charge of the Bundesliga.
Bernd Reichart, the chief executive of A22, a consultancy hired by the Super League Company, said on X: “We have won the right to compete. The Uefa monopoly is over. Football is free. Clubs are now free from the threat of sanction and free to determine their own futures.”
A22 swiftly revealed its plan for men’s and women’s Super Leagues, with 64 teams in the men’s competition, 32 in the women’s and promotion and relegation across the divisions in each. It said the initial selection of clubs would be based on merit, there would be no permanent members and clubs would continue to play in their domestic leagues, with Super League matches scheduled midweek.
Ejection from either competition, however, would happen only for clubs that finish at the bottom of the last tier. Clubs would be placed in groups of eight, guaranteeing them 14 matches a season. Reichart said of the project’s plans, which would in effect replace Uefa’s Champions League. “For fans: We propose free viewing of all Super League matches. For clubs: Revenues and solidarity spending will be guaranteed.” Javier Tebas, the president of La Liga and a staunch critic of the Super League, which continues to be backed by Real Madrid and Barcelona, accused Reichart of behaving as if he had been drinking “until 5 in the morning”. He said the ruling had not stated that Uefa and Fifa must admit the Super League. “On the contrary,” he said, “it points out that the criteria for admission to competitions must be transparent, objective and non-discriminatory. Principles precisely incompatible with the Super League.” Uefa said the ruling did not “signify an endorsement or validation of the so-called ‘super league’” but addressed a “pre-existing shortfall” in Uefa’s framework which it said it had subsequently corrected in June 2022. It outlined its continued opposition to the Super League project. “Uefa is confident in the robustness of its new rules, and specifically that they comply with all relevant European laws and regulations,” it said. “Uefa remains resolute in its commitment to uphold the European football pyramid … 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.”
In 2021, immediately after the announcement of the breakaway tournament, Uefa took disciplinary action against the 12 Super League clubs, with each sanctioned and banned from European qualification for joining a competition unauthorised by the governing body.
The Super League company brought legal action in response, its arguments focusing on whether Uefa should have the power to decide what is authorised. Uefa’s disciplinary processes were suspended as part of these proceedings, with nine of the 12 clubs also walking away from the Super League.
An opinion published last year by an advocate general at the ECJ found Uefa had not acted against European competition law by sanctioning its clubs. Real Madrid’s president, Florentino Pérez, said after the ruling: “Today will mark a before and after; it is a great day for the history of football and the history of sport.”
Pérez said clubs could now be “the masters of their destiny” and the Super League would give football “the new impetus it so badly needs”. As part of the Premier League’s Owners’ Charter agreed in June 2022, clubs said they would not “not engage in the creation of new competition formats outside of the Premier League’s rules”.
Manchester United said after the ruling: “We remain fully committed to participation in Uefa competitions, and to positive cooperation with Uefa [and] the Premier League.” Kevin Miles, chief executive of the Football Supporters’ Association, said: “While the corpse might continue to twitch in the European courts, no English side will be joining. The incoming independent regulator will block any club from competing in domestic competition if they join a breakaway super league. Success must be earned on the pitch, not stitchedup in boardrooms.”
Thursday’s ECJ ruling will be be referred back to a Madrid commercial court, after the Spanish jurisdiction made the referral in 2021, which will apply it to the facts of the Super League case.