‘Super League clubs will win legal battle’
EUROPEAN Super League clubs have a good chance of winning any legal battle with Uefa if football’s governing body tries to block plans for the breakaway competition, an expert has warned.
Legal fights between governing bodies and upstart competitions have been fought before, with courts coming down on the side of promoting more competition in wrestling and ice skating, among others, say lawyers.
But the Premier League and Uefa are determined to use their rules to squeeze out clubs that are prepared to risk participating in a new tournament.
The 12 clubs, from England, Italy and Spain, announced plans on Sunday night to set up a competition to rival Uefa’s Champions League and Europa League tournaments.
In response, Uefa has said any participating clubs will be banned from domestic and European competition and players, who take part, would not be allowed to represent their countries.
This could mean Manchester United, Manchester City, Liverpool, Tottenham Hotspur, Chelsea and Arsenal may be booted out of the top flight if the plans proceed.
As reported by Sportsmail, the Super League has said it has already commenced legal action “in the relevant courts” to head off any challenge from Uefa to its radical plans.
And now, an expert in sports competition law, Mark Orth, of MEOlaw based in Munich, has told Sportsmail he thinks the rebels will succeed if the row goes to court based on competition law and precedents set in previous cases.
“I am of the opinion they have a strong case,” said Orth, who has advised football clubs on this area of law.
“The court is the right way to go. They have a good chance of winning. There are good prospects for the start of the Super League and the clubs that take part.”
Orth’s confidence in the Super League case is based in part on the fact that two European courts have now passed judgments overturning similar moves by other sporting federations, making the threat by football’s governing bodies appear hollow.
The European Commission has previously ruled that the International Skating Union cannot prevent speed skaters from participating in new money-spinning events. That decision was supported in a judgment in Europe’s second highest court, the General Court in Luxembourg, in December.
And in January, a German court took that decision as a precedent when it prevented the national and international wrestling federations from blocking a new competition.
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