The European Super League and the Court Decision That Could Change European Professional Soccer Forever

[1]Fans protesting the announcement of the Super League Proposal in Spring of 2021.

In the spring of 2021, fans of European professional soccer faced the possibility of a breakaway European Super League with twelve of Europe’s leading clubs voting in approval and a goal of acquiring twenty teams before the league began.[2] Clubs including Manchester United, FC Barcelona, Arsenal, and Real Madrid were part of the original agreement that faced immediate backlash from both politicians and soccer fans.[3] British Prime Minister Boris Johnson criticized the potential breakaway league as striking “at the heart of domestic football” and disregarding the fans, which are critical to the passion and financial growth of the sport.[4] The main issue sparking fan backlash was the differential treatment teams would receive as members of the same league. Fifteen of the twenty teams would be guaranteed to remain in the league annually and earn a percentage of the four billion  dollars in broadcasting and sponsorship money, while five teams would qualify based on their performance in a lower division the previous season but would be susceptible to relegation back to the lower division.[5]  The Super League proposal emerged during the COVID-19 pandemic when clubs faced significant financial challenges and sought out innovative ideas to boost their revenues.[6] It was designed as a closed league, where member clubs within the core fifteen could not be relegated to lower divisions for poor performance or financial difficulties while the other five teams could. This was the main issue with fans, who viewed the traditional European relegation system as crucial to the integrity of the sport.[7] Fans prefer the relegation method as opposed to the fixed league system in the United States because the threat of relegation incentivizes teams to compete to stay in the league, even if they are not challenging for the title.[8] Additionally, teams can rise to the highest division solely based on merit results which appeals to fan bases because any team can theoretically make it to the top division of their country’s domestic league.[9] Both the International Federation of Association Football (FIFA) and the Union of European Football Associations (UEFA) blocked the Super League proposal, prompting league supporters to bring suit in the European Court of Justice.[10]

The European Court of Justice ruled that both UEFA and FIFA acted unlawfully in their efforts to block the formation of the European Super League.[11] The main focus of the case stemmed from a commercial action, specifically a petition for protective measures initiated by the European Super League Company (ESLC) in the Juzgado de lo Mercantil de Madrid (Commercial Court of Madrid, Spain) against UEFA and FIFA, which the court granted without holding an inter partes hearing.[12] The ESLC initiated the legal action in response to UEFA and FIFA’s resistance to the project, which included banning any professional club or player involved in the competition from participating in FIFA or UEFA competitions. Additionally, it specified that “all international football competitions were to be organized or authorized by the competent entities as referred to in the FIFA and the continental confederations’ Statutes.”[13] The main question the court answered was whether specific articles in the Treaty on the Function of the European Union (TFEU), primarily articles 101 and 102 that govern practices regarding economic activity, apply to FIFA and UEFA’s practices following the announcement of the European Super League.[14]

The court ruled that “sport is subject to the provisions of EU law” and is considered economic activity because the operation of the sport itself constitutes economic activity.[15] In this instance, the court ruled that FIFA and UEFA violated Article 102, which regulates the abuse of the internal market from a dominant position. This violation stems from regulations requiring prior approval from FIFA and UEFA before setting up new third-party competitions, as well as “controlling the participation of professional football clubs and players in such a competition,” without a transparent procedural process or clearly defined criteria, an abuse of FIFA and UEFA’s dominant position.[16]

In this case, the court ruled that FIFA and UEFA violated Article 102, which addresses the abuse of a dominant position within the internal market.[17] This violation was due to regulations that mandated prior approval from FIFA and UEFA for the establishment of new third-party competitions, as well as exerting control over the participation of professional football clubs and players in such competitions under the threat of sanctions, without transparent procedural processes or clearly defined criteria.[18] UEFA and FIFA enacted such rules after the Super League proposal was announced which seemingly addressed the Super League as an abuse of FIFA and UEFA’s dominant position.

Whether the Super League proposal will come to fruition in the future is uncertain. Within hours of the court’s decision, A22, a company behind the Super League initiative, proposed a new Super League format. This new proposal envisioned a Super League consisting of sixty-four teams organized into three leagues: the Star League compromising sixteen teams, the Gold League with sixteen teams, and the Blue League with thirty-two teams.[19] A notable difference in the revised proposal is the inclusion of a relegation and promotion system based on sporting performance at all three levels, remedying one of the main issues fans had with the original proposal.[20]

However, strong opposition to the proposal continues, highlighted by French President Emmanuel Macron’s urging the European Commission to issue a joint statement representing the member states. This statement would certify a “link between annual performance in domestic competitions and all European competitions.”[21] The presidents of FC Barcelona and Real Madrid assert that the Super League could potentially launch as early as next season. However, the absence of agreement from any English teams is attributed to stern fan opposition to a Super League generally, and satisfaction with the current system.[22] This is a fluid situation, with more legal controversies and potential legislative developments anticipated in the future.

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[1] Justin Tallis, photograph of protesting fans, in Manyun, The European Super League Explained, BetUs (Dec. 21, 2023), https://www.betus.com.pa/locker-room-raw/soccer/the-european-super-league-explained-12-21-2023/.

[2] Neil Dunbar, A European Football Super League: The Legal and Practical Issues, 27 J. Cook. U. L. Rev. 111, 111 (2021).

[3] Sky Sports, European Super League Announced—With 12 Football Clubs, Including 6 from England, CNBC, (Apr. 18, 2021, 9:43 PM), https://www.cnbc.com/2021/04/19/soccer-european-super-league-announces-12-football-clubs-6-from-england.html.

[4] Id.

[5] Dunbar, supra note 2, at 115–16.

[6] Id. at 117.

[7] Id.

[8] Stefan Syzmanski & Tommaso M. Valletti, Promotion and Relegation in Sporting Contests, Rivista di Politica Economica 3, 11 (2005).

[9] Id. at 3.

[10] Bart H. Meijer & Rohith Nair, European Super League Back in Spotlight After Landmark Ruling, Reuters (Dec. 21, 2023, 11:33 AM), https://www.reuters.com/sports/soccer/court-rules-uefa-fifa-breached-eu-law-over-super-league-2023-12-21/.

[11]  Andrew Wright, Plans for New Three-Tier European Super League Unveiled in Bid to Unleash the Full Potential of European Club Football, Eurosport (Dec. 21, 2023, 3:26 PM), https://www.eurosport.com/football/plans-for-new-three-tier-european-super-league-unveiled-in-bid-to-unleash-the-full-potential-of-euro_sto9931473/story.shtml.

[12] Case C-333/21, European Super League Company, ECLI:EU:C:2022:993, ¶¶ 28, 30 (Dec. 21, 2023).

[13] Id. at ¶¶ 29-30.

[14] Id. at ¶ 82.

[15] Id. at ¶ 83.

[16] Id. at ¶122.

[17] Id. at ¶ 156.

[18] Id. at ¶ 151.

[19] A22 Proposal, A22 Sports, https://a22sports.com/en/competition/ (last visited Apr. 17, 2024).

[20] Id.

[21] Nicolas Camut & Ali Walker, France Shoots to Kill the Football Super League Once and For All, Politico (Feb. 7, 2024, 6:53 PM), https://www.politico.eu/article/france-kill-football-super-league-european-union-uefa-champions-league/.

[22] Jonathan Wilson, Barcelona President Claims European Super League Could Run Next Season, Guardian (Feb. 2, 2024, 3:07 PM), https://www.theguardian.com/football/2024/feb/02/barcelona-president-claims-european-super-league-could-run-next-season.