The prospects of a future European Super League have been boosted after judges said UEFA rules blocking the formation of such a competition were contrary to EU law.
The Grand Chamber of the European Court of Justice had been asked to decide whether UEFA and FIFA acted against competition law by blocking the formation of the European Super League in 2021 and then seeking to sanction the clubs involved.
The court has ruled that UEFA and FIFA rules granting prior approval for new competitions are contrary to EU law.
A release issued by the court said such rules were "contrary to competition law and the freedom to provide services".
The court release added: "There is no framework for the FIFA and UEFA rules ensuring that they are transparent, objective, non-discriminatory and proportionate.
"Similarly, the rules giving FIFA and UEFA exclusive control over the commercial exploitation of the rights related to those competitions are such as to restrict competition, given their importance for the media, consumers and television viewers in the European Union."
Twelve clubs – including the Premier League's 'Big Six’ – announced the formation of the original European Super League in April 2021 but the plan quickly collapsed amid fan protests, pressure from UEFA and FIFA and even opposition from the British Government.
However, Spanish giants Real Madrid and Barcelona remained committed to the idea and initiated legal action against UEFA and FIFA. Italian club Juventus had also been party to the case but said in July that it was withdrawing from the Super League project.
The ECJ now appears to have given the green light to any such competition being relaunched in future.
"The court observes that the organisation of interclub football competitions and the exploitation of the media rights are, quite evidently, economic activities," the court release continued.
"They must therefore comply with the competition rules and respect the freedoms of movement, even though the economic pursuit of sport has certain specific characteristics, such as the existence of associations having certain regulatory and control powers and the power to impose sanctions.
"The court also observes that, in parallel with those powers, FIFA and UEFA themselves organise football competitions."
Bernd Reichart, the chief executive of Super League promoters, A22, 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."
Reichart also pledged "free viewing" of Super League matches to fans, though it was not immediately clear whether this meant for those watching in stadiums or on television or other platforms.
He said revenues and solidarity spending were "guaranteed". A22 was set to hold a live streamed event in Madrid at 11am UK time.
The court held that where an undertaking, such as UEFA, holds a dominant position and has the power to determine the conditions in which potentially competing undertakings such as A22 may access the market, that power must be subject to criteria which are suitable for ensuring that they are transparent, objective, non-discriminatory and proportionate.
It found UEFA and FIFA’s powers were not subject to any such criteria and that those organisations were therefore "abusing a dominant position".
UEFA issued new authorisation rules for promoters wishing to launch new competitions in June 2022.
However, they appear on the face of them to preclude the creation of a rival competition because they contain cumulative conditions designed to prevent the adverse functioning of their existing events such as the Champions League.
The court found UEFA’s rules on approval, control and sanctions must be held to be "unjustified restrictions on the freedom to provide services".
The court said this did not mean the specific Super League project proposed in 2021 would necessarily be approved. It was asked for a ruling on UEFA and FIFA’s rules, but by finding them contrary to EU law, the case will now go back to the Madrid commercial court for a decision. In any case, those behind the Super League have now redesigned their proposal and therefore are not expected to be seeking approval for the format put forward in 2021.
In parallel, the court observed that FIFA and UEFA rules relating to the exploitation of media rights are such as to be "harmful (to) European football clubs, all companies operating in media markets and, ultimately, consumers and television viewers, by preventing them from enjoying new and potentially innovative or interesting competitions".
UEFA issued a statement taking note of the court's decision but insisted this was not "an endorsement or validation" of the Super League.
The European football association remains confident that its 2022 authorisation rules governing the formation of new competitions are robust and "specifically that they comply with all relevant European laws and regulations".
"This ruling does not signify an endorsement or validation of the so-called 'super league'; it rather underscores a pre-existing shortfall within UEFA's pre-authorisation framework, a technical aspect that has already been acknowledged and addressed in June 2022," it said.
"UEFA is confident in the robustness of its new rules, and specifically that they comply with all relevant European laws and regulations."
UEFA president Aleksander Ceferin said "football is united" against any attempts to revive a European Super League.
"Whilst there is always room for improvement, football remains united as you see today," Ceferin said at a press conference which also featured the leaders of the European Club Association, European Leagues, Football Supporters Europe and world players' union FIFPRO.
"Three or four (of the original 12 Super League clubs in 2021) were the first to give statements today that they will never join. So even the ones who were there (in 2021) are the first ones to be against.
"We will not try to stop them. They can create whatever they want. I hope they start their fantastic competition as soon as possible, with two clubs.
"I hope they know what they are doing but I'm not so sure about that. Football is not for sale, we have shown that many times.
"We see the decision as a chance to improve some of the regulations. But football remains united, the evidence you see all of us stakeholders speaking today at the press conference. We have national governments and institutions behind us."
Florentino Perez (below), the Real Madrid president, unsurprisingly welcomed the judgement.
"At Real Madrid we welcome with enormous satisfaction the decision adopted by the Court of Justice of the European Union, which is responsible for guaranteeing our principles, values and freedoms.
"In the coming days we will carefully study the scope of this resolution, but I do anticipate two conclusions of great historical significance.
"Firstly, that European club football is not and will never again be a monopoly. And secondly, that from today the clubs will be the masters of their destiny.
"In short, today the Europe of freedoms has triumphed again and today football and its fans have also triumphed."
Barcelona president Joan Laporta also welcomed the ruling, calling it a "historic opportunity".
"We do not intend to go against national competitions," he said. "On the contrary, with more resources they will be more competitive. What we want is a dialogue to generate positive synergies. But to enter into a constructive debate, the resolution needed to be clarified. There is a monopoly situation as we said and we are facing a historic opportunity."
Barca issued a separate statement in which it said that "FC Barcelona would like to express its satisfaction with the ruling of the Court of Justice of the European Union (CJEU) endorsing the Super League project proposed by A22 Sports.
"A competitive model that provides solutions to the overloaded calendar and excessive national team fixtures, that advances regulation in terms of financial fair-play between the teams in the competition and that puts the local and international players and football fans at the centre of the spectacle.
"As one of the driving forces behind the Super League, FC Barcelona consider that the ruling opens the way to a new top-level football competition in Europe by expressing its opposition to the monopoly in the world of football, and wishes to offer a proposal for dialogue on what the model of the European competition of the future should be."
However Javier Tebas, president of La Liga, did not believe the ruling changed the situation.
"They are already (celebrating) as I warned they would. They have always been able to organise competitions outside the UEFA and FIFA environment, and that cannot be prohibited, the issue is their conditions to be within the organisation of UEFA and FIFA.
"The CJEU says that FIFA and UEFA's competition admission rules [should be] transparent, but not that they should admit the Super League. On the contrary, it points out that the criteria for the admission of competitions must be transparent, objective and non-discriminatory.
"Principles that are precisely incompatible with the Super League."
The views of LaLiga's two biggest clubs were also in stark contrast to those of Football Supporters Europe, who maintain any plans to form a Super League continue to "endanger the future" of European football.
Fans across the continent came together to vehemently oppose the Super League’s formation in 2021, with the six Premier League clubs among those to pull out once the negative reaction flooded in.
"FSE notes today’s decision by the CJEU and wants to reiterate that there is no place in European football for a breakaway super league," a statement read.
"Since 2021, FSE and fans across Europe have stood firm against a breakaway super league time and time again, and repeatedly called for the greater protection of our game.
"Our clubs, our competitions and our local communities need protection. We will examine the ruling’s wider implications and comment further in due course.
"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."
Manchester United were the first Premier League club to react to the news and insisted their position had not changed. Tottenham, Manchester City and Chelsea followed suit and all stated they remained "committed" to European football and UEFA competitions. Arsenal and Liverpool are yet to publicly comment.
The European Club Association said "the world of football moved on from the Super League years ago and progressive reforms will continue" and that "the judgment in no way whatsoever supports or endorses any form of Super League project".
Additional reporting: Reuters
