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UEFA Super League row: Europe's top court to rule

Andreas Sten-Ziemons | Chuck Penfold
December 19, 2023

The European Court of Justice is set to hand down a landmark ruling on the future of football on the continent. The "Super League" is still aiming to set up its own lucrative competition outside of the control of UEFA.

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The European Court of Justice building in Luxembourg
The European Court of Justice is set to deliver a ruling that could change the game on the continentImage: Alexandre Marchi/MAXPPP/dpa/picture alliance

In April 2021, 12 clubs announced their intention to establish a European football Super League that would run alongside the UEFA Champions League and the continent's domestic competitions. The idea was to guarantee that the best clubs in Europe would play against each other more often – for a lot of money.

However, the vociferous opposition of fan groups, numerous national football associations and the European Club Association (ECA) quickly led to the plan being put on ice.

Europe's football governing body UEFA announced that it would look into the possibility of barring the clubs behind the Super League concept from its competitions, including the Champions League. FIFA, the world governing body, also threatened sanctions and the exclusion of any player who appeared in Super League matches.

As a result, nine of the 12 clubs announced their intention to withdraw from the Super League, while the remaining three (Barcelona, Real Madrid and Juventus) obtained a temporary injunction against possible sanctions from a Spanish commercial court. This was overturned on appeal. The Madrid-based court then referred the case to the European Court of Justice (ECJ) in Luxembourg, the highest judicial authority in Europe.

What precisely is the ECJ to rule on?

On Thursday, December 21, the ECJ is to hand down its ruling on case C-333/21, concerning the establishment of the Super League and possible consequences for the participating clubs. The defendants are UEFA and FIFA.

The court case was brought by the Spain-based "European Super League Company" and the sports marketing agency "A22," backed by Real Madrid, Barcelona and Juventus.

Real Madrid's Jude Bellingham (C) celebrates scoring his team's second goal during a match against Barcelona
Barcelona and Real Madrid hope to meet in the Super League someday soonImage: Lluis Gene/AFP/Getty Images

They argue that UEFA enjoys a monopoly when it comes to organizing European football competitions and who is allowed to take part.

"UEFA organizes the competitions and at the same time can reject other competitions – that's a conflict of interest," A22 boss Bernd Reichart explained.

What has the advocate general recommended?

Before ECJ judges hand down a decision, the case in question is examined by an "advocate general," who in turn publishes a recommendation. In his opinion, published in December 2022, Advocate General Athanasios Rantos of Greece argued that the actions of UEFA and FIFA were compatible with European law.

Although the Super League would be allowed to start its own operations in principle, the clubs would not be able to demand simultaneous participation in the associations' competitions if they refused to give their consent. The exclusions from competitions for Super League clubs and their players envisaged by UEFA, FIFA and national associations would therefore be legally compliant.

Is the ruling a foregone conclusion?

No, because the advocate general's proposal is not binding. The court is free to hand down a different verdict. However, in most cases in the past, the ECJ judges have followed the opinion of the advocate general involved.

Whether this will also be the case in the Super League dispute remains to be seen – especially as the ruling, which was supposed to be handed down last spring, has already been postponed several times. In the meantime, the advocate general responsible has also changed.  Maciej Szpunar of Poland has since replaced Rantos on this case.

A judge's gavel on a European Union flag
In around 75%of the cases heard by the ECJ, the judges follow the advocate general's opinionImage: DesignIt/Zoonar/picture alliance

What is the Super League's proposed format?

The original plan was for an American-style closed league made up of 20 clubs. Now, though, the idea is for several divisions involving between 60 and 80 clubs, complete with promotion and relegation – as is the norm in Europe. Under the new format, all participants would be guaranteed a minimum of 14 European matches per year.

The revenue is to be distributed to all participating clubs. In addition, at least €400 million ($438 million) annually is to be made available for non-participating clubs and for social purposes. Access to the Super League would be via the national leagues.

What do the two sides expect?

UEFA believes that the danger of a Super League being founded is no longer very great following the opinion published by Advocate General Rantos one year ago. In a statement in response to the opinion, UEFA said it welcomed the support for "our central mission to govern European football, protect the pyramid and develop the game across Europe."

A22 appear equally confident. 

"We are fundamentally optimistic and have great confidence in the European legal system," A22 CEO Bernd Reichart told the DPA news agency. "It is an important milestone because we will then find out whether the market will be opened up. If the ECJ makes it possible for the clubs to gain sovereignty over their own competition, they will also have a hand in it. I am convinced of that."

Edited by: Matt Pearson