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(CN) — In a highly anticipated decision, judges at the European Union’s top court ruled on Thursday that sports governing bodies FIFA and the Union of European Football Associations violated the bloc’s competition regulations.
The Luxembourg-based European Court of Justice found the pair had abused their monopoly over sports regulation by demanding any new soccer leagues get their permission before kicking off. The game is referred to globally as football.
“FIFA and UEFA rules making any new interclub football project subject to their prior approval, such as the Super League, and prohibiting clubs and players from playing in those competitions, are unlawful,” the 15-judge panel wrote.
The Super League’s promoter, A22, reacted to the announcement with glee, writing “Football is FREE” on social media. “Clubs are now free from the threat of sanction and free to determine their own futures,” the company’s CEO, Bernd Reichard, said in a statement.
A dozen prominent soccer clubs including Arsenal, Chelsea, Liverpool, Manchester City and Real Madrid announced a plan to form a rival league to in April 2021. Following intense backlash from fans, most of the teams dropped the plan.
Shortly after the ruling, A22 announced a new plan for a three-tiered league involving 64 men’s teams and 32 women’s teams from across Europe. Reichart would not specify during a press conference which teams might be involved in the project, but stressed games would be free for fans to watch.
Football Supporters Europe, a fan lobbying group, expressed displeasure at the decision. “Whatever comes next, the Super League remains an ill-conceived project that endangers the future of European football. FSE, our members, and fans across Europe will continue to fight it,” the Germany-based group said in a statement.
FIFA, soccer’s international governing body, and UEFA, which oversees the top European Champions League, were also opposed to the move. The Swiss-based groups announced they would ban teams and players who participated in the Super League from matches, including playing on national teams in international competitions.
The Spanish-based company filed suit against UEFA and FIFA in the Commercial Court of Madrid shortly after they announced their opposition. Spanish judges sent the matter to Luxembourg, asking the Court of Justice to weigh in on whether the groups had abused their dominant position.
Sports regulation was not included in the original mission of the European Union but a section about its special nature was included in the 2009 Treaty of Lisbon. Founded in 1954, UEFA has enjoyed a nearly 70-year monopoly on sports oversight, setting the standards for professional and youth leagues across 55 countries, from Ireland to Israel.
Unlike the current system — where teams can move up and down in their league depending on their record — the Super League proposal would involve a fixed group of clubs. Proponents of the league argue that allowing the top teams to compete with each other would increase competition and offer higher-quality play for fans.
The concept was first proposed in 1968 by a UEFA official. In the 1990s, a group of four top teams attempted to revive the plan but were shot down by FIFA.
UEFA defended its role in sports and pointed to changes it has made to the regulation over new leagues. “UEFA is confident in the robustness of its new rules, and specifically that they comply with all relevant European laws and regulations,” the group said in a statement.
The verdict doesn’t leave the Super League an open field. Judges cautioned that the court “does not rule on that specific project in its judgment.”
The last time a sports decision at the European Court of Justice garnered so much attention was in 1995, when the court ruled that soccer players have the same freedom of movement as other Europeans. Belgian player Jean-Marc Bosman was blocked from moving to another team over a transfer fee and complained to the court this violated EU competition rules.
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