By Andrew Warshaw
July 11 – The all-important hearing into whether football’s governing bodies had the legal right to sanction the much-maligned European Super League clubs takes place today and tomorrow, potentially shaping the game as we know it for years to come, just as the Bosman case did in the mid-1990s.
Just over a year since the Super League’s breakaway dreams were crushed almost overnight following a global backlash, the case will be heard by the European Court of Justice, with its eventual judgement likely to have profound ramifications across Europe.
The controversial competition was officially founded on April 18 last year but collapsed within 72 hours after nine of the original 12 involved withdrew.
The other three – Real Madrid, Barcelona and Juventus – refused to back down arguing that UEFA and FIFA unfairly created a monopoly by blocking the league’s formation and then trying to punish the clubs involved.
Earlier this year the remaining rebels received backing from Madrid’s Commercial Court which ordered UEFA to scrap all sanctions imposed on the trio as well as to annul the fines it had imposed on all the clubs originally involved. UEFA, in turn, declared the Madrid court’s proceedings “null and void, as if the proceedings had never been opened”.
Now the ECJ, the same court incidentally which ruled on Bosman, has the final say.
Representing the rebel clubs is the so-called European Super League Company while on the other side are UEFA and FIFA, supported by Spain’s La Liga. An advisory opinion from the court’s advocate general could take up to 12 weeks but it is unlikely any final judgement will be forthcoming for at least a year.
The case will be heard by a Grand Chamber of 15 ECJ judges rather than the usual three to five. Written submissions have reportedly already been sent to the court, including from 16 European Union member states. A number of EU heavyweight nations have indicated they wish to make oral statements in favour of preserving the status quo, most notably the Champions League and UEFA’s other club competitions.
The referral document from the Madrid court to the ECJ states as follows: “By preventing the organisation of the European Super League, the applicants [Uefa and Fifa] engaged in concerted practices and abused their dominant position in the market for the organisation of international club football competitions in Europe and the market for the marketing of the rights associated with such competitions.
“The applicant further seeks the adoption of interim measures aimed at enabling the organisation and development of the European Super League.”
The referral then lists six questions related to EU law which it wants the ECJ to consider.
A representative of the European Super League said the group was “confident the European Court of Justice will properly interpret EU competition law and existing precedent.”
UEFA said it remained “very confident in our legal position and the demonstrated strength of support and shared commitment from national governments, European institutions, fans as well as stakeholders to protect and promote the values-based, open European sports model.”
Dr. Katarina Pijetlovic, one of the world’s leading academics on the subject who has written a book on EU sports law and breakaway leagues, said neither side will be totally vindicated.
“I don’t expect a judgement until next year. Both parties will probably win some and lose some,” she said.
“UEFA will almost certainly retain its regulatory authority but it will be forced by the court to specify and set out licensing criteria and conditions. Technically alternative leagues are perfectly legal. UEFA may have a right to a regulatory monopoly but it doesn’t have a right to commercial monopoly.”
“On the other hand, the breakaway clubs have shot themselves in the foot with the idea of an American-style closed competition because this is not in accordance with EU competition law or European sporting policy.”
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